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On November 8, 2005, the commercial chamber of the Court of Cassation made a major reversal of case law by enshrining the automatic transfer of the suretyship in the event of merger-absorption of the beneficiary company.
This decision, awaited for many years by practitioners in the banking profession, should now simplify restructuring operations.
Moreover , in a second judgment delivered the same day, less noticed but also very important, the Court ruled on the existing or due nature of the rent installments on the occasion of a merger operation.