Contract de fidejusiune. Modalitatea specifică de stingere a contractului de fidejusiune. Incidenţa art. 2318 C. civ. Efecte

Trusteeship agreement. The specific modality of the trusteeship agreement. The incidence of art. 2318 Civil Code. Effects

Abstract

According to the provisions of art. 2318 Civil Code the guarantor remains binded even after the term of the main obligation has been fulfilled, in case the creditor has filed an action against the main debtor within 6 months from the due date and has continued it diligently (paragraph 1). The provisions of par. (1) also applies if the guarantor has expressly limited the trusteeship to the term of the main obligation. In this case, the guarantor is only binded if the action against the main debtor is filed within two months of the due date (paragraph 2).

Regarding the termination of the trusteeship, the legislator, by the aforementioned legal provision, provided a specific way of settling the trusteeship in order to avoid the abusive...