Distinction entre caution personnelle et caution réelle
La caution personnelle se distingue de la caution réel par le fait que dans le cadre d’une caution personnelle la caution s’engage sur l’ensemble de son patrimoine si le débiteur principale n’exécute pas son obligation, alors que la caution réel est un porteur de gage ou d’hypothèque c’est adire que son engagement porte sur un ou plusieurs biens en garantie de paiement de la dette principale.
Néanmoins la cour de cassation considère que la caution réel est en réalité un engagement personnel à qui s'est rajouté une sûreté réel pour garantir la dette du débiteur principal.
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