Joint and Several Surety Deed (cautionnement solidaire)

Yes, when the surety is an individual undertaking to a professional creditor, article 2297 of the Code civil (2021 reform) requires the surety to write in their own hand a statement reproducing the legal wording. This deed includes that statement; the surety must copy it in full in their own handwriting before signing, on pain of nullity of their commitment.

A simple surety benefits from the right of discussion (they may request that the creditor pursue the principal debtor first) and the right of division (where there are several sureties, each is liable only for their share). A joint and several surety expressly waives both benefits: the creditor may turn directly against them from the debtor's first default in payment.

Article 2302 of the Code civil requires the professional creditor to inform the surety, before 31 March of each year, of the amount of the principal, interest, commissions, fees, and incidental charges still owed as of 31 December of the past year, as well as any overdue unpaid installments. Failing this, penalties and interest accrued between two notices are not enforceable against the surety.

Under article 2299 of the Code civil, a professional creditor may not rely on a surety given by an individual whose commitment was manifestly disproportionate to their assets and income at the time of conclusion. If the surety's situation has since recovered, the penalty applies only up to what the surety could commit to at the time of signing.