Sub-Section 3: The effect of the surety bond between the co-investors
(Ordinance n ° 2005-870 of July 28, 2005 art. 6 Official Journal of July 29, 2005 in force on January 1, 2008)(Ordinance n ° 2006-346 of March 23, 2006 art. 1 Official Journal of March 24, 2006)(Ordinance no. 2006-346 of March 23, 2006 art. 2, art. 4, art. 5 Official Journal of March 24, 2006)When several persons have guaranteed the same debtor for the same debt, the surety who has discharged the debt has recourse against the other sureties, each for his share and portion; But this recourse only takes place when the surety has paid in one of the cases set out in the previous article.
What is the Definition of Cofidéjusseur or Cofidejussor
The Cofidejussor or cofidjurer is the one who, to guarantee the payment of the same debt of the same debtor, stands surety jointly or not, with other persons, held like him. The co-trustors are accessory co- obligors (we also say co- obligors ).
As soon as a co-cofider acts against the surety by subrogation in the rights of the creditor, this surety is entitled, by virtue of the rules which govern the subrogation, to set up against it the exceptions that it could have set up against the creditor. . (Com. 11 December 2007. BICC n ° 679 of 1 April 2008). But fraud affecting the consent of the principal debtor and which, intended to protect the latter, constitutes a purely personal exception. However, the Court of Cassation ruled that in the relationship between co-trustees, fraud can be invoked by the surety who avails himself of the nullity of the surety when it emanates from his cofidjusor (Com., May 29, 2001, Bull. 2001, IV, No. 100, p. 92).