L'efficacité des garanties personnelles

Abstract : In order to stop the current crisis of the sureties, it is advisable to explain the legal conditions of their efficiency (pursuit of the objective of efficiency through the law and efficiency of the law itself). Once isolated the qualities and gaps of the existing law, in the light of these conditions, a reconstruction can be proposed. The overall reform of the law of the sureties should establish a primary system based on their common characteristics (commitment to guarantee, essential secondary character, effects of the constitution and of the guarantee realization), and special rules based on their distinctive characteristics (physical personality of the guarantor, cause of the commitment of coverage, object of the payment commitment). The new law should contain protective rules for creditors, as well as constraints useful for the guarantees efficiency and necessary for the respect of the new European community requirements.
Keywords : sureties
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Manuella Bourassin. L'efficacité des garanties personnelles. Droit. Université Paris X - Nanterre, 2004. Français. ⟨tel-02060142⟩

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