Article 2298
The guarantor may raise against the creditor all defences, personal or inherent in the debt, which belong to the debtor, subject to the provisions of the second paragraph of article 2293. However, the…
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Showing 3981–3990 of 51531 articles for “Art. Cass. 3e Civ. 19-2-2014 n° 12-19.270”
The guarantor may raise against the creditor all defences, personal or inherent in the debt, which belong to the debtor, subject to the provisions of the second paragraph of article 2293. However, the…
The professional creditor is required to warn the natural person guarantor when the principal debtor's commitment is unsuited to the latter's financial capacities. Failing this, the creditor forfeits…
The guarantee may not exceed what is owed by the debtor nor be contracted under more onerous conditions, on pain of being reduced to the extent of the obligation guaranteed. It may be contracted for p…
On pain of nullity of his undertaking, the natural person guarantor shall himself affix the statement that he undertakes as guarantor to pay the creditor what he is owed by the debtor in the event of…
Guarantees can only exist on a valid obligation. Nevertheless, a person who stands surety for a natural person whom he knew did not have the capacity to contract is bound by his undertaking.
If the guarantee given by a natural person to a professional creditor was, at the time it was entered into, manifestly disproportionate to the income and assets of the guarantor, it shall be reduced t…
The person who undertakes to provide a legal or judicial guarantee must be sufficiently solvent to meet the obligation. If this guarantor becomes insolvent, the debtor must substitute another guaranto…
The capital gains that may arise from a transaction referred to in article 48 of law n° 78-763 of 19 July 1978 on the status of sociétés coopératives de production are taxable in the name of the socié…
…arties, in accordance with the provisions of the articles 1843-4 of the Civil Code and 17 du décret n° 78-704 du 3 juillet 1978. Where the transferring shareholder refuses to sign the deed transferrin…
…ated in a zone franche urbaine-territoire entrepreneur, as defined in B du 3 de l'article 42 of law n° 95-115 of 4 February 1995 d'orientation pour l'aménagement et le développement du territoire;2° P…
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