Effects of autonomous personal guarantee

Abstract

The legal relationships that arise in connection with the autonomous personal guarantee are limited to the following three categories of relationships: the relationships that arise between the creditor and the autonomous guarantor, between the creditor and the debtor of the main obligation and the relationships between autonomous guarantors, in the case of multiple guarantors In the relations between the creditor and the autonomous guarantor, it is of interest to satisfy the creditor's claim, which will be made on the basis of a request addressed by the creditor to the guarantor, which, as a rule, the request will be addressed, after the obligation, whose claim is guaranteed, will be due, but not later than the expiry of the deadline of the autonomous personal guarantee (art. 1655, par. 1, first prop., Civil Code). However, according to the provisions of art. 1655, para. 1, prop. the second and art. Art. 1643 paragraph 3, Civil Code, the request may be made even before the obligation is enforceable if the following conditions are met: --- the obligation whose claim is guaranteed becomes due on the cut-off date of the term of the autonomous personal guarantee or, at the most, within 14 days from this cut-off date; --- the application must be submitted no later than 14 days after the deadline for the autonomous personal guarantee. In the relations between the guarantor and the main debtor, the autonomous personal guarantee will only produce effects if the obligation of the main debtor is due and enforceable, this because, as the obligation is usually established in favor of the debtor, the guarantor will not be able to be forced to perform in advance guaranteed obligation. If the guarantor will receive a request for the execution of the debtor's obligation, he is obliged to notify the debtor of his intention to execute or refuse to execute the obligation. Any consequences resulting from failure to fulfill this obligation will be borne by the guarantor. In the case of a plurality of guarantors, in the relations between the guarantors, the guarantee is joint and several, the guarantor who will execute the main obligation will have a right of recourse against the other guarantors, for their partial shares, which until proven otherwise are presumed to be equal.