It follows from a settled line of cases that a suretyship which does not have the hand-written annotation of the amount of the suretyship conforming to the demands of Article 1326 of the French Civil Code constitutes nonetheless prima facie written evidence when it is completed by an exterior element such as the fact that the signatory of the guarantee is one of the company's managers. The commercial division of the Cour de Cassation declared by a decision on December 6, 1994 that the surety could produce proof to the contrary and establish that, despite the position of the signatory, the company was unaware of the nature and the extent of the commitment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. For additional information contact Claire Acard or Joseph J. Smallhoover on 33/(1)/55 61 10 10. The members of ARCHIBALD ANDERSEN Association d'Avocats (S.G. Archibald and Arthur Andersen International) are registered with the Hauts-de-Seine Bar and the Lyon Bar.
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