Section 4: Termination of the guarantee

The guarantor’s obligation is extinguished by the same causes as other obligations. It is also extinguished as a result of the extinction of the guaranteed obligation.

Where subrogation to the creditor’s rights can no longer be effected in his favour through the creditor’s fault, the guarantor shall be discharged to the extent of the loss he suffers. Any clause to the contrary shall be deemed unwritten. Any clause to the contrary is deemed unwritten. The guarantor may not reproach the creditor for its choice of the method of realising a security.

Where a guarantee of future debts is for an indefinite period, the guarantor may terminate it at any time, subject to compliance with the contractually stipulated notice period or, failing that, a reasonable period.

When a guarantee of future debts terminates, the guarantor remains liable for debts arising previously, unless otherwise agreed.

The guarantor’s heirs are only liable for debts arising before the death. Any clause to the contrary is deemed unwritten.

In the event of the dissolution of the debtor or creditor legal entity as a result of a merger, demerger or the cause provided for in the third paragraph of Article 1844-5, the guarantor remains liable for debts arising before the transaction became enforceable against third parties; he only guarantees debts arising subsequently if he agreed to this on the occasion of the transaction or, for transactions affecting the creditor…

A guarantor of the balance of a current or deposit account may no longer be sued five years after the end of the guarantee.

A simple extension of the term, granted by the creditor to the principal debtor, does not discharge the guarantor. When the initial term has expired, the guarantor may either pay the creditor and take action against the debtor, or, under the provisions of Book V of the Code of Civil Enforcement Procedures, seek the constitution of a judicial security over any of the debtor’s assets up to the amount of…