Este contractul de fideiusiune unul intuitu personae?

dr. Stelian Ioan VIDU

Judecător - Tribunalul Timiş,

formator al Institutului Naţional al Magistraturii

ABSTRACT

The contract that establishes a personal guarantee is not an intuitu personae contract. It is not concluded in consideration of the guarantor person, still less the one of the creditor. The fact that art. 2318 Civil Code provides that a personal guarantee is terminated by death of the guarantor is not likely to signal that it is concluded in consideration of its person. The guarantor death only marks the end of the guarantee contract and not, what is really important to qualify a personal guarantee as a intuitu personae contract, the extinction of existing liabilities into guarantor's patrimony at the date of his death. Our finding is founded on arguments that start from a comparative analysis of the 2318 Civil Code. Effects of the personal guarantee contract explain also the solution that we have advanced it.

Keywords: personal...