Cour de Cassation Française (Chambre Commerciale) 26 Octobre 1999 — The Destiny of a Personal Guarantee after the Assignment of the Guaranteed Claim - European Review of Private Law View Cour de Cassation Française (Chambre Commerciale) 26 Octobre 1999 — The Destiny of a Personal Guarantee after the Assignment of the Guaranteed Claim by - European Review of Private Law Cour de Cassation Française (Chambre Commerciale) 26 Octobre 1999 — The Destiny of a Personal Guarantee after the Assignment of the Guaranteed Claim 10 2

In his decision of the 26 October 1999 the French "Cour de cassation" held that after an assignment of a guaranteed claim, the new creditor is not allowed to ask performance of the original guarantor. This decision was based on article 2015 of the French Civil Code: a guarantor can only be liable for the transferred guaranteed claim when he explictly agreed to do so.

The case is annotated from the perspective of Belgian, Portuguese and Greek law.

European Review of Private Law