FCC 8618325/1989
Type
Case
Court
French Court of Cassation
Jurisdiction
Kuwait, France
Taxonomy
Guarantees
Copyright
LexisNexis
Decision date
10 Jan 1989
Catchwords
Guarantee – Impair Legal Validity – Evidence of Fraud
As part of a guarantee, a client cannot express disappointment to the court for not having researched whether the action against the guarantor had legally impaired his consent, when the findings cite a breach of the duty to advise on the legal nature of the guarantee. In the absence of fraud the court of appeal right refused the right to use this as a defence.