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Case:
Court of Cassation – First Civil Chamber. Judgement 483 Pellet / Société Générale Application for Review no. 99-13.917
Date:
12 March 2002
Translated by:
Tony Weir
Copyright:
Professor B. S. Markesinis

THE COURT, made up according to article L.131-8-1 of the Code Relating to the Organisation of the Courts, at the public hearing of 5 February 2002, in the presence of [….]

[…..]

Regarding the only ground pleaded:

In view of article L.313-22 of the Monetary and Financial Code;

Given that 1) the Société Générale granted a loanto Mr. and Mrs. JF Mouton for the purchase of an insurance portfolio and forthe refurbishment of professional premises; 2) Mr. and Mrs. Jacques Mouton weremade joint sureties, and 3) following non-payment, the bank called upon the suretiesto make payment;

Given that in order to direct the sureties to pay, the Court of Appeal held thatthe clauses regarding the obligation to inform a surety contained in article48 of the law of 1 March 1984 did not apply, since the loan in question was apersonal one aimed at a professional activity (ie as opposed to a trade, whichis commercial) – that of managing an insurance portfolio;

Given that, by ruling as it did, whereas, according to the aforementioned text,carrying out a professional economic activity constitutes an undertaking (“entreprise”),whether or not it is in the process of being created, the Court of Appeal hasbreached the aforementioned text;

ON THESE GROUNDS:

QUASHES AND ANNULS, in all its clauses the judgement rendered on 19 January 1999between the parties by the Nimes Court of Appeal [……..]

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