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Showing 4611–4620 of 56936 articles for “Art. I-3°”
The benefit of discussion allows the guarantor to oblige the creditor to sue the principal debtor first. Neither a guarantor held jointly and severally with the debtor, nor a guarantor who has waived…
The professional creditor is required to inform any guarantor who is a natural person of the principal debtor's default from the first payment incident not regularised within one month of the due date…
Where several persons have stood surety for the same debt, they are each liable for the whole. Nevertheless, the one who is being sued may set up the benefit of division against the creditor. The cred…
The creditor's action may not have the effect of depriving the natural person guarantor of the minimum resources set out in Article L. 731-2 of the French Consumer Code.
Within one month of receipt, the guarantor shall, at its own expense, communicate to the sub-guarantor natural person the information it has received pursuant to articles 2302 and 2303.
A guarantor who has paid all or part of the debt has personal recourse against the debtor both for the sums he has paid and for interest and costs. Interest accrues automatically from the date of paym…
The guarantor has no recourse if he paid the debt without notifying the debtor and if the debtor subsequently paid it or had the means at the time of payment to have it declared extinguished. However,…
The benefit of discussion must be invoked by the guarantor from the first proceedings brought against him. The guarantor must indicate to the creditor the debtor's assets that may be seized, which may…
If the creditor has divided his action of his own accord, he can no longer go back on that division, even if there were insolvent sureties at the time of the action.
A guarantor who has paid all or part of the debt is subrogated to the rights that the creditor had against the debtor.
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