Article 2284 of the French Civil Code
November 6, 2023
Whoever has obligated himself personally, is bound to fulfil his commitment on all his movable and immovable property, present and future.
Whoever has obligated himself personally, is bound to fulfil his commitment on all his movable and immovable property, present and future.
The property of the debtor is the common pledge of his creditors; and the price is distributed among them by contribution, unless there are legitimate causes of preference among the creditors.
A right of retention on the thing may be exercised by:
The provisions of this Book shall not prevent the application of the rules laid down in the event of the opening of safeguard, legal redress or legal liquidation proceedings or in the event of the opening of proceedings for the treatment of situations of overindebtedness of individuals.
The personal sureties governed by this title are surety bonds, autonomous guarantees and letters of intent.
A surety bond is the contract by which a guarantor undertakes to the creditor to pay the debtor’s debt in the event of the latter’s default. It can be taken out at the request of the principal debtor or without any request on his part and even without his knowledge.
When the law subordinates the exercise of a right to the provision of security, it is said to be legal. Where the law confers on the judge the power to make the satisfaction of a claim subject to the provision of security, it is said to be judicial.
Guarantees may be simple or joint and several. Joint and several liability may be stipulated between the guarantor and the principal debtor, between the guarantors, or between them all.
A person may act as surety for the creditor on behalf of the person who guaranteed the principal debtor.
A sub-guarantee is a contract by which a person undertakes to pay the guarantor what the debtor may owe him under the guarantee. .
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75001, Paris France
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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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