By Yasmine EDDAM
19 March 2025
Surety bonds are still one of the most widely used forms of security in our economy. This guarantee, under which one person undertakes to pay the debt of another in the event of default, offers various forms of protection depending on the profile of the guarantor. Let's take a look at these protective mechanisms, which have increased in number over the course of the reforms. I. Protection schemes depending on the nature of the guarantor Natural persons vs. legal persons: a key distinction French law gives greater protection to natural persons. This difference in treatment is explained by the supposed vulnerability of individuals to credit professionals. The Order of 15 September 2021 has maintained this distinction. Article 2300 of the Civil Code provides that a manifestly disproportionate commitment by an individual guarantor to a professional creditor is reduced to the amount that was bearable at the time it was entered into. This protection does not extend to legal entities, which are considered to be better equipped to...
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