By Charlotte GAUCHON
24 March 2025
Commercial transactions involve a permanent risk: the insolvency of the debtor. The bank del credere, an underestimated guarantee mechanism, offers valuable protection against this risk. But this security is not without conditions and limits. The concept of insolvency in del credere Insolvency is at the heart of bank del credere. Contrary to popular belief, the concept of insolvency goes beyond simple bankruptcy. Case law has long established this principle. As early as 27 November 1869, the Toulouse Court of Appeal ruled that «the burden of risk embraces non-payment as well as insolvency» (DP 1870, 2, p. 118). More recently, the Cour de cassation confirmed this position in two major decisions: «The obligation of the del credere agent is not limited to the solvency of the third party, unless otherwise agreed» (Cass. com., 6 Jan. 1981, no. 1981-700106) «In the absence of a stipulation to the contrary, even if implicit, the del credere clause guarantees...
EN 
FR