French report on personal guarantees

Manuella Bourassin (1)

1 CEDCACE - Centre de Droit Civil des Affaires et du Contentieux Economique

French law on suretyships has become complex, inaccessible, incomprehensible, incoherent and unpredictable. Besides it has tended to cloak the function of guarantees, which is the payment of creditors, and has favoured the protection of guarantors and their relations, even when the guarantee is consented for professional purposes. So French law on personal guarantees does not achieve a correct balance between the requirements of business life and that of consumer protection. It is now leaning clearly towards the latter to such an extent that it is compromising the efficiency of all personal guarantees. Therefore, a reform must be performed to put security and freedom back into the core of French personal guarantee law.

Mots clés: suretyships; french law; efficiency; reform

Domaines: Droit

Manuella Bourassin. French report on personal guarantees. 2015. ⟨hal-01487000⟩