Facts
The company X. S.A. obtained a line of credit from Crédit Lyonnais (Suisse) S.A. (the Bank) in 1991. [S.] and [G.], respectively the chairman of the board of directors and the director of X. S.A., acted as joint and several sureties for this company towards the Bank up to a maximum amount of 300,000 francs.
After the bankruptcy of X. S.A. in 1992, the Bank claimed the repayment of the debit balance of 250,241.84 francs from [S.] and [G.] as sureties. The defendants filed an objection to the payment orders, arguing that their surety was limited in time and that they were therefore released from their commitment.
The Bank then sued [S.] and [G.] for payment of the amount due, obtaining a favorable judgment from the cantonal courts. The defendants appealed to the Federal Tribunal.
Considerations
The Federal Tribunal dismisses the appeal and confirms the contested judgment. It considers that the disputed surety was not given for a fixed period, but for an indefinite duration, in accordance with the accessory nature of this type of guarantee.
According to the Tribunal, the clause providing that the commitment of the sureties would remain in force as long as there was a business relationship between the principal debtor and the Bank is not…