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 not be disputed assets or assets subject to a special security interest in favour of a third party. If the creditor fails to pursue the debtor, he is liable to the guarantor for the debtor’s insolvency up…
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 creditor is then obliged to divide his proceedings and can only claim his share of the debt. Guarantors who are jointly and severally liable may not claim the benefit of division, nor guarantors who have…
The benefit of division must be invoked by the guarantor as soon as the first proceedings are brought against it. It can only be invoked between solvent guarantors. The insolvency of a guarantor on the day the division is invoked is borne by those who are solvent. The guarantor who requested the division can no longer be sued because of the insolvency of another, which occurred subsequently.
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.
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.
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 payment. Only costs incurred after the guarantor has informed the debtor of the legal proceedings against him may be reimbursed. If the guarantor has suffered loss independent of the delay in payment of the…
A guarantor who has paid all or part of the debt is subrogated to the rights that the creditor had against the debtor.
Where there are several principal debtors jointly and severally liable for the same debt, the guarantor shall have the remedies provided for in the preceding articles against each of them.
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 guarantor may bring an action for restitution against the creditor. .
If there is more than one guarantor, the one who paid has a personal claim and a subrogatory claim against the others, each for its share.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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