THEORETICAL CONSIDERATIONS REGARDING THE RIGHT OF REGRESSION OF THE GUARANTOR
THEORETICAL CONSIDERATIONS REGARDING THE RIGHT OF REGRESSION OF THE GUARANTOR

Summary/Abstract: Relationships arising between the main debtor and the guarantor usually represent the consequence of the payment made by the guarantor to the creditor. The guarantor which has paid the debt has a right of regression against the debtor, even when it committed itself without the debtor’s consent. In certain cases expressly provided for by law, the guarantor shall be recognized a right of regression as well, before making the payment. This is the case of expected regression. Limits of the right of regression are sometimes determined by the main debtor’s position in relation to the suretyship. To this end, the legislator regulates three situations: when the guarantor committed itself with the debtor’s consent [Art. 2.306 para. (1) of the Civil Code]; when the guarantor committed itself without the consent of the debtor [Art. 2.306 para. (2) of the Civil Code]; when the guarantor committed itself against the debtor’s will (Art. 2.309 of the Civil Code).

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