Post by account_disabled on Oct 31, 2023 4:16:09 GMT
However, a legal act concluded by the debtor with the creditor after granting the guarantee cannot increase the guarantor's obligation [cf. § ]. The above regulation shows that the guarantor's obligation always corresponds to the debtor's obligation. If the obligation is expressed in money, it cannot be any smaller or larger. However, in his declaration, the guarantor may assume liability, for example, for part of the obligation. The case law, in turn, indicates that the scope of the guarantor's obligation is determined by the scope of the debtor's obligation. This means that in the absence of an imposed method of implementing security.
The creditor decides in what order he will satisfy himself from individual instruments [judgment of the Court of Appeal philippines photo editor in Warsaw of August , , ref. no. act I ACa / ]. IMPORTANT - the guarantor's obligation, in addition to the main debt, also includes side benefits, e.g. interest. The literature on the subject indicates that the scope of the principal debtor's obligation determines the scope of the guarantor's obligation. An exception is the exclusion from the scope of the guarantor's obligation of all content elements of the debtor's obligation by which the obligation was increased as a result of legal transactions between the creditor and the debtor made after granting the surety, i.e. fulfillment of a cash benefit or payment for items specified as to the type to which the debtor was obliged; if the debtor's performance consisted of an act or omission or if its subject was an item that was identified as to its identity.
The guarantor is obliged to repair the damage resulting from the failure to perform the obligation; compensation for damage resulting from the debtor's delay and other cases of improper performance of obligations; compensation for damage resulting from non-performance of an obligation, including as a result of the impossibility of performance for which the debtor is responsible; issuance of surrogates of benefits; payment of interest for delay and capital interest the latter, if reserved before granting the guarantee ; payment of the contractual penalty stipulated in the main obligation [so G. Karaszewski [in ] Civil Code. Commentary, ed.
The creditor decides in what order he will satisfy himself from individual instruments [judgment of the Court of Appeal philippines photo editor in Warsaw of August , , ref. no. act I ACa / ]. IMPORTANT - the guarantor's obligation, in addition to the main debt, also includes side benefits, e.g. interest. The literature on the subject indicates that the scope of the principal debtor's obligation determines the scope of the guarantor's obligation. An exception is the exclusion from the scope of the guarantor's obligation of all content elements of the debtor's obligation by which the obligation was increased as a result of legal transactions between the creditor and the debtor made after granting the surety, i.e. fulfillment of a cash benefit or payment for items specified as to the type to which the debtor was obliged; if the debtor's performance consisted of an act or omission or if its subject was an item that was identified as to its identity.
The guarantor is obliged to repair the damage resulting from the failure to perform the obligation; compensation for damage resulting from the debtor's delay and other cases of improper performance of obligations; compensation for damage resulting from non-performance of an obligation, including as a result of the impossibility of performance for which the debtor is responsible; issuance of surrogates of benefits; payment of interest for delay and capital interest the latter, if reserved before granting the guarantee ; payment of the contractual penalty stipulated in the main obligation [so G. Karaszewski [in ] Civil Code. Commentary, ed.