Lawyer in bonding law

Our work in surety law

A surety bond is a contract under which a person, the guarantor, undertakes to pay the debt of a debtor in the event of the latter's default. It is the most common personal surety under French law, whether it is to guarantee a bank loan, a commercial lease or the commitments of a company. Our firm handles these cases on a daily basis, both in defence of the guarantor who is summoned and in support of the professional creditor who activates the guarantee.

The law governing surety bonds was radically overhauled by the Order of 15 September 2021, which came into force on 1 January 2022. This reform altered the conditions governing the form of the deed, the disproportionality regime and the creditor's information obligations. Each case must be analysed in the light of the law applicable on the date the guarantee deed is signed.

Disproportionality of the guarantee - Article 2299 of the Civil Code

If the guarantee given by a natural person to a professional creditor was manifestly disproportionate to the guarantor's income and assets at the time it was signed, it cannot be reduced to the amount that the guarantor was able to commit to at that time. Before the 2022 reform, the penalty was full discharge of the guarantor. Since then, the penalty has been a proportional reduction. The applicable regime depends on the date on which the deed was signed.

	Simple surety	Joint and several guarantee
Discussion benefits	Yes - the creditor must first sue the principal debtor	No - the creditor can sue the guarantor directly
Division profit	Yes - each guarantor can demand that the creditor divide his proceedings	No - the creditor can claim the full amount from a single guarantor
Frequency	Rare in practice	Virtually systematic regime for banking documents

You have been summoned as guarantor

The bank has accelerated the loan. The principal debtor defaults, goes into receivership or becomes insolvent. And the creditor turns against you. You have signed a guarantee deed, sometimes without realising the full extent of your commitment.

This is a common situation. The director who has guaranteed the debts of his company, the relative who has guaranteed a property loan, the shopkeeper who has guaranteed a loan, etc., are all involved. commercial lease The profiles are different, but the mechanism is the same. The summons for payment arrives, and the sums claimed can reach several hundred thousand euros.

Our areas of defence

Challenge the formal validity of the guarantee deed: absence or irregularity of the statement required by Article 2297 of the Civil Code, defect in consent, error in the scope of the undertaking, etc.
Citing a manifest disproportion between your commitment and your income and assets at the time of signing (article 2299 of the French Civil Code).
Check that the professional creditor complies with the obligation to provide annual information (Article 2302 of the Civil Code) and obtain the forfeiture of interest in the event of failure to do so.
Oppose the principal debtor's objections to the creditor: nullity of the loan contract, prescription of the claim, extinction of the principal debt, etc.
Contesting the amount claimed: checking the statement of account, interest, penalties and ancillary costs
Negotiate an out-of-court settlement: payment in instalments, partial remission, transaction

Obligation to provide annual information - Articles 2302 and 2303 of the Civil Code

Before 31 March each year, the professional creditor is required to inform the individual guarantor of the amount of principal and interest outstanding. Failure to do so will result in the forfeiture of interest accrued since the date of the previous notification. This lever is particularly effective for long-term guarantees.

The absence of annual information from the guarantor is a defence that is often under-exploited. The Cour de cassation regularly points out that this obligation must be respected until the end of the guarantee period (Cass. com., 26 November 2025, n. 23-19.203). Failure to do so automatically entails forfeiture of any interest due.

You activate a surety bond guarantee

You are a professional creditor, bank or commercial lessor. Your debtor is in default and you wish to take action under the guarantee. Implementing the guarantee requires absolute procedural rigour: a badly drafted deed, an obligation to provide information that is not respected, and the guarantor has means of defence that can considerably reduce your rights.

Our firm handles

Pre-audit of the guarantee deed: verification of its formal validity, the scope of the commitment, and whether the guarantor is joint and several or sole guarantor.
Check that you are complying with your annual information obligations (Article 2302 of the Civil Code) to secure your action
Assessing the risk of disproportion claimed by the guarantor
Putting the guarantor on notice and conducting proceedings before the court or commercial court
Management of recourse by the guarantor who has paid: personal recourse and subrogated recourse (articles 2305 and 2306 of the Civil Code)
Coordinating with others securities : mortgage, pledge, lien

Executive guarantor: a high-risk commitment

A management guarantee is the most common guarantee required by banks when granting credit to a company. You have signed a joint and several guarantee to secure a loan, a credit line or an overdraft. Your company is experiencing difficulties. The risk is real: in the event of compulsory liquidation, your personal assets are directly exposed.

Our services for executive guarantors

Analysis of the validity of the guarantee taken out when the company was set up or refinanced
Verification of the banker's duty to warn (article 2301 of the Civil Code): should the professional creditor have warned you that the credit was unsuited to the company's financial capabilities?
Assessment of whether your commitment is disproportionate to your personal assets on the day you sign the agreement
Defence strategy in the event of a summons following the company's compulsory liquidation
Negotiations with the bank: debt forgiveness, repayment in instalments, settlement agreement, etc.
Protection for your principal residence and personal property

In 2025, the Court of Cassation clarified that disproportion is assessed in concreto in the light of the guarantor's actual assets, and not just the declarations (Cass. com., 26 November 2025, n. 24-17.990).