Article 2052

RA 386 · Civil Code of the PhilippinesKey provision

ELI5— what this means for you

A guarantor can refuse to pay until the creditor has pursued (excussed) all of the principal debtor's property. This is the benefit of excussion — the guarantor's most important protection.

Official text — RA 386

A guaranty cannot exist without a valid obligation.

Nevertheless, a guaranty may be constituted to guarantee the performance of a voidable or an unenforceable contract. It may also guarantee a natural obligation. (1824a)

Source: lawphil.net (RA 386 as amended)

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