Find Store That Sell Display Items

Proceedings of the creditor: Terms of Appeals

There are common rules and specific rules.

Common rules : the creditor must give notice to the surety to pay as soon as the impossibility of payment of the principal debtor is found.
The creditor also has a judicial proceeding against the surety to perform an execution if the bond fails to fulfill its commitment.

specific rules : rules are specific to the type of bond

• The prosecution in the case of single bond : In this case, the bond has two powers:

-profit discussion: Right granted to the bond against which enforcement of the creditor to require that the properties are of primary débituer first discussed, then seized and sold.

-profit division: Possibility for the simple guarantee, where several guarantors guarantee the same debt, require the creditor to divide its prior action and reduced the share dechacune of them.

• The prosecution in the case of joint guarantee : There are three scenarios to consider:

-Proceedings in case of ordinary bond secured: In this case, the surety is denied the benefit of discussion. Thus, the creditor can sue in his own way the principal debtor or surety.

-Pursuing a plurality of surety them: In this case, the bonds are subject to a duty to provide information to other securities and a duty of loyalty.

-Continued surety with the principal debtor: In this case, there is a presumption of solidarity between sureties when several people vouch integrally of the same debtor for the same debt.