Article 2316
When a guarantee of future debts terminates, the guarantor remains liable for debts arising previously, unless otherwise agreed.
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Showing 111–120 of 62763 articles for “Art. Arrêté DEVL1507007A of 23-3-2015”
When a guarantee of future debts terminates, the guarantor remains liable for debts arising previously, unless otherwise agreed.
To be enforceable against the debtor of the pledged claim, the pledge of the claim must be notified to him or the debtor must intervene in the deed. Failing this, only the pledgor validly receives pay…
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 pledge is the assignment, as security for an obligation, of an intangible movable asset or a group of intangible movable assets, present or future. It is conventional or judicial. Judicial pledging…
…hether provisional or definitive, on the day the security is realised subject to the regularisation of transactions in progress, in accordance with the procedures laid down by civil enforcement proced…
A pledge of a claim, present or future, takes effect between the parties and becomes enforceable against third parties on the date of the deed. In the event of a dispute, proof of the date lies with t…
On pain of nullity, the pledge of a claim must be concluded in writing. The secured claims and the pledged claims are designated in the deed. If they are future, the deed must allow them to be individ…
The guarantor's heirs are only liable for debts arising before the death. Any clause to the contrary is deemed unwritten.
If more has been paid to the pledgee than the secured debt, the pledgee owes the difference to the settlor.
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…
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