JURITEXT000006952517 Généré par l'IA

Guarantor Not Released by Mistake as to Principal Debtor's Marital Status

Numéro de cause JURITEXT000006952517

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-02-03

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

An individual who signed a promissory note as a guarantor, believing the principal debtor was legally married when, in fact, the marriage was void due to a prior undissolved marriage, could not later use this mistake regarding the principal debtor's marital status as a basis to void their guarantee obligation, because the fundamental basis of the guarantee—the principal debt—remained valid and the mistake concerned a collateral matter not essential to the guarantor's consent to be bound.

Regeste Legislator

Généré par l'IA

Guarantor Not Released by Mistake as to Principal Debtor's Marital Status: An individual who signed a promissory note as a guarantor, believing the principal debtor was legally married when, in fact, the marriage was void due to a prior undissolved marriage, could not later use this mistake regarding the principal debtor's marital status as a basis to void their guarantee obligation, because the fundamental basis of the guarantee—the principal debt—remained valid and the mistake concerned a collateral matter not essential to the guarantor's consent to be bound.