CASE COMMENT : SURETY - PAY ATTENTION TO THE NOVATION

Surety: The Paris Court of Appeal holds that a surety agreement is null and void on the ground that the contract which was designated in the agreement did not exist anymore the day the surety agreement was sign, the signature of a new contract implying the novation intention of the parties (FCE Bank/BNP Paribas)

CA Paris, 27 mars 2012, FCE Bank PLC c/ BNP Paribas, RG n° 2010/08937, Un constructeur automobile réclamait à une banque, au

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Blanche de La Mure, Surety: The Paris Court of Appeal holds that a surety agreement is null and void on the ground that the contract which was designated in the agreement did not exist anymore the day the surety agreement was sign, the signature of a new contract implying the novation intention of the parties (FCE Bank/BNP Paribas), 27 March 2012, Concurrences N° 2-2012, Art. N° 48262, www.concurrences.com

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