Extinction Of The Suretyship
LexInter | August 16, 2002 | 0 Comments

Extinction Of The Suretyship

Article 2034
The obligation which results from the surety is extinguished by the same causes as the other obligations.
Article 2035
The confusion which takes place in the person of the principal debtor and his surety, when they become heirs to one another, does not extinguish the action of the creditor against the one who has made surety for the surety. .
Article 2036
 The surety may set up against the creditor all the exceptions which belong to the principal debtor and which are inherent in the debt;
But it cannot set up exceptions which are purely personal to the debtor.
Article 2037
(Law n ° 84-148 of March 1, 1984 art. 49 Official Journal of March 2, 1984 in force on March 1, 1985)

The surety is discharged, when the subrogation to the rights, hypothecs and privileges of the creditor, can no longer, by the act of this creditor, operate in favor of the surety. Any contrary clause is deemed unwritten.

BENEFIT OF SUBROGATION AND EXCEPTION OF SUBROGATION

case law in full text

DISCHARGE OF THE DEPOSIT ,

SECURITY AND ASSIGNMENT OF THE DEBTOR’S PROPERTY

case law news

DISCHARGE OF THE DEPOSIT

Article 2038
The voluntary acceptance which the creditor has made of an immovable or of any instrument whatsoever in payment of the principal debt, discharges the surety, even if the creditor comes to be evicted from it.
Article 2039
The simple extension of term, granted by the creditor to the principal debtor, does not discharge the surety, who can, in this case, sue the debtor to force him to payment.

Leave a Comment

Your email address will not be published.


CAPTCHA Image
Reload Image