Consideraţii cu privire la fideiusiune

Prof. univ. dr. MONNA-LISA BELU MAGDO*

* e-mail: prof.univ.monnalisa.belu@gmail.com

Membru titular al Academiei de Ştiinţe Juridice din România

Avocat - Baroul Prahova

ABSTRACT

When associated with a validly concluded contract, the suretyship must comply with the written form as a condition of validity and the guarantee must be limited to the dimensions of the principal obligation and its ancillaries. In order to qualify the contract of suretyship, which has theoretical and practical implications, the study analyzed the personal and temporal limits of the guarantee, as well as the character of the contract, in principle unilateral and gratuitous, with the corresponding exceptions to these characteristics.

The suretyship has been examined in relation to the obligations that it can guarantee, including future, natural obligations, under suspensive condition, or those arising from the annulment of the original contract for incapacity, with the doctrinal...