Abstract
Contemporary surety bonds are marked by the diversity of the people involved in the legal operation, whose dangerousness calls for a differentiated treatment and application of the rules that govern it. In this regard, case law has enshrined the notion of layman surety by proceeding by one, which benefits from its indulgence. Considered to be the weak and vulnerable part of the surety contract, it designates any surety natural person who is unable to understand the nature of his commitment and to assess its scope, in the light of his knowledge and competence. In the absence of a comprehensive reform, successive legislative reforms of surety law have extended the new rules to all natural persons, whoever they are, thus weakening the surety bond whose function is to ensure credit.The legislator has set himself the objective in Law n°. 2019-486 of May 22, known as the Pacte Law, to reform the law of securities in order to strengthen its effectiveness and, with regard to surety, to strengthen the security of creditors and ensure the protection of the surety natural person.The quality of layman surety , although essential in the praetorian application of the rules of surety law, was unfortunately not enshrined in Ordinance n°. 2021-1192 of September 15, 2021 reforming the law of sureties, which will come into force on January 1, 2022.