By Charlotte GAUCHON
22 March 2025
How many people have signed a guarantee without fully understanding the consequences? A guarantee often represents a heavy commitment for the person who accepts it. In the field of consumer credit, this type of guarantee gives rise to a great deal of litigation. French legislation has gradually put in place protective mechanisms for guarantors, recognising their vulnerability. These protections are all the more essential given that individuals who act as guarantors generally do so out of family or friendship. Protective formalities: a bulwark against ill-considered commitments The legislator has established strict formalities for guarantees given by individuals to professional creditors. Mandatory handwritten note Article L. 331-1 of the Consumer Code requires the person acting as guarantor to write the following note by hand: «By acting as guarantor for X..., up to the amount of..., covering the payment...
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