Article 2309 of the French Civil Code
November 6, 2023
A guarantor who has paid all or part of the debt is subrogated to the rights that the creditor had against the debtor.
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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