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.
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…
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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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