Walkthrough Pokemon Shiny Gold

The concept of bond

Definition:

The bond is personal security and like all security is governed by the Civil Code .

Article 2287-1
"the personal security governed by this title are the bond, guarantee an autonomous and the letter of intent"

The notion of "security" admits two definitions:

- sometimes it means the money deposited in trust in the hands of a creditor as security for his claim
- sometimes the contract under which a person undertakes to secure another's debt.

The security in general

The bond is average for a creditor to increase its chances of being paid by multiplying its expense on the debt itself.

the guarantee contract is a unilateral contract because no burden on the creditor.



operation bail

The security operation is added to an initial obligation called "primary obligation " another called secondary obligation "Secondary obligation" which will replace the first if the first fails.

primary obligation is that of a person who has to commit to a creditor to provide any benefit is called "principal", which will be has added the obligation of another person called bond " which aims to guarantee the performance of the principal obligation to the creditor if the debtor is found primarily in the inability to do so himself.

The primary obligation is binding on the creditor and the principal debtor, while the secondary obligation binds only the principal debtor to the surety.

Article 2288

"he who makes a surety bond is submitted to the creditor to satisfy this requirement if the debtor fails to fulfill it himself."

the content of the duty

- the content of the duty on it may relate to a debt or ascertainable.

is a guarantee that the amount is fixed from the outset the security know in advance the maximum amount that it may have to pay or the factors of debt is known as the origin.

- it may also include a debt that is unknown to say that the guarantor undertakes to pay a debt she did not know in advance.

the character of the bond

- the bond can be Single or severally:

we talk about security when single engagement of the bond is executed only if the principal debtor's default risk (and it has the benefit of discussion and division of profit)

we talk about when the surety bond is placed in the same way as the principal debtor and the creditor may well address both the principal debtor's surety.

-the guarantee may be civil or commercial principle is that the guarantee contract is a civil contract nonetheless during the commitment the bond is a debt on the commercial contract is trading

conditions of a contract of suretyship

the guarantee contract is subject to the same title all other contract terms of substance. they are common to all contracts and are governed by section 1108 of the Civil Code.

Article 1108

"four conditions which are essential for the validity of an agreement:
-consent the obligated party
-ability to incur
-a certain object which forms the subject of commitment
-cause lawful obligation. "

Other conditions are in addition to the above rules that are specific to that bond:

- the bond must be solvent (the creditor not to subscribe to the bond contract on a debt too excessive )

Article 2296

"The solvency of a bond does not consider that in view of his land, except in matters of trade, or when debt is low. It has no relation to real property at issue, or that the discussion would become too difficult by the remoteness of their situation. "




Article 341-4 of the Consumer Code

"A creditor may not invoke professional contract of guarantee entered into by an individual whose appointment was at its conclusion, clearly disproportionate to his income and assets unless that the heritage of the bond, when it is called, only allows it to cope with its obligation "

the formal requirements of the guarantee contract


Formalism jurisprudential

From 1982 to 1989, to protect the sureties, the Court of Cassation has erected some rules of evidence in condition for the validity of the bond.

For the security is valid, the bond must be affixed to the bottom of the deed a

statement specifying the exact extent of his commitment.

Nevertheless many cancellations were made on this basis.

Thus the doctrine has strongly challenged this principle.

a reversal of precedent that has issued the guarantee would simply become irregular and not void.

Since the requirements for handwritten revert rules evidence and guarantees are not free of bad faith with their commitment by invoking the principle mentioned above.

legal formalism

Some formal requirements are needed or because the quality of the bond is due to the nature of the guaranteed debt .

Deposits made by individuals.

The Act of August 1, 2003 submitted the guarantees given by individuals formalism required ad validitatem "and failure to comply with formal requirements is sanctioned by invalidity of the contract.

Article L 341-2 of the Consumer Code

Any person who commits, by private act as guarantor, to a creditor professional must on pain of nullity of his commitment to preface his signature contained in the handwritten text and only the latter :

"When I on bail of X. .., in the Limited the sum of the covering ... payment of principal, interest and, if necessary, penalties or interest for late payment and for the duration of ... I pledge to repay the lender the amount due on my income and assets if X. .. do not satisfy itself. "

it should be noted that the security of certain debts were already subject to rules of form required for validity, before 2003.The bonds of certain debts .

Two types of bonds are subject to their validity, especially formalism:

-bond of an operation of consumer credit

-and security for the obligations arising from a lease in other cases, the formal rules are especially needed to prove the bond.

forms required ad probationem.

The proof of the existence of the bond.

According to section 1315 of the Civil Code which requires that the performance of an obligation must prove it.

The creditor must prove that the defendant was well and that surety bonds guaranteeing payment of the principal debtor.

The evidence must be written.

The proof of the existence of the bond does not, in general difficulté.mais unlike its extent can the subject of dispute.

The evidence of the extent of the bond.

* Proof of bonds before the Act of August 1, 2003.

There are two hypotheses:

-bond of the deed (written established by a notary public)

In this case the creditor may properly rely on the note written by a professional to determine the extent of the commitment of the caution.l deed, is until false registration.

-bond formed by the private document (drafted by the parties in writing)

its probative value depends on the fulfillment of two conditions:

one hand, the signature of the bond, and secondly, the words written guarantee of the sum or amount in words and figures she will pay.

The content of the handwritten attracted abundant litigation.

For bonds not encrypted, it is not always possible detailing the secured bonds.

The judge has, in this case, a power of interpretation (Cass.civ.1, July 10, 2002) If the statement is incomplete, the unlawful act be worth as prima facie evidence by

writing.

Article 2293

"undefined The security of a principal obligation extends to all the accessories of the debt, even at the expense of the first application, and everyone after the denunciation is made to the Guarantee ".

* Proof of bonds after the Act of August 1, 2003.

Evidence has been facilitated because the handwriting is required at the penalty nullité.Pour guarantees individuals, evidence of the extent of the security only arises for the deposits are not subject to any rules of form for their validity is to say bonds underwritten by corporations .