Concept in Definition ABC
Miscellanea / / November 13, 2021
By Florencia Ucha, on Apr. 2010
Is named surety to that guarantee that mainly seeks to ensure the compliance cash of a obligation, meanwhile, the term is used, mostly, with two senses, as a real guarantee or as a personal guarantee.
As a personal guarantee, the surety that will guarantee is the fulfillment of a debt or an obligation through the existence of the figure of the guarantor., who is a third person outside the debt, that is, who is not involved with either the party that lent the money, or the party that received it. What the guarantor does is guarantee the effective fulfillment of the guarantee, even committing himself and assuming what the debtor does not assume or cannot fulfill himself.
At the request of Civil law, where we can find this type, the guarantor and the debtor turn out to be two different people, who will find themselves linked through the so-called bond contract.
Then, the sense of collateral we mentioned is found and seen frequently. in legal contexts, since in these the guarantee will be the delivery of a certain sum of money as a guarantee of complying with certain obligations. This mode may appear in the Right contractual and serves to guarantee those obligations derived from a contract. For example, when a property is rented it is customary to set a bond in order to guarantee the payment of rents.
And in criminal law will deliver a bond as a way to ensure that the accused of a crime or a crime does not intend to flee from the Justice but rather the opposite, to collaborate with her. The Liberty on bail.
In the case of breach of the conditions set forth, in contractual law what will happen is that the The creditor keeps the amount of the bond to be compensated for the damages suffered, while in the case of procedural law, the non-observance of the condition leads to the total loss of the money that was given as security and the benefits that arose thanks to it.
Bail Issues