EFECTELE CONTRACTULUI DE FIDEIUSIUNE
EFFECTS OF THE CONTRACT OF PERSONAL GUARANTEE

Summary/Abstract: The effects of the suretyship contract, although of major importance in practice, are treated marginally in the specialized literature, and on the occasion of carrying out some analysis of the theory of obligations or the ways of guaranteeing obligations. Through this paper, we want to make a presentation of the effects of the legal institution of suretyship. In this work, I did not deal with the notion of suretyship, its validity conditions, legal characteristics or causes for its termination, since, on the one hand, they are not the subject of our topic and, on the other hand, the suretyship contract, as a rule, does not present under this aspect special conditions, thus being incidental to the general provisions regarding the conclusion of the contract, respectively its termination. The work is based on a consistent bibliography, represented by specialized literature in the form of monographs and treatises but also articles and studies belonging to established professionals of civil and commercial law. Obviously, the work is also based on the provisions of the Civil Code and the Civil Procedure Code. In some places, the author makes his own interpretation of the legal provisions, sometimes with a shy contradiction to the revealed doctrine. For example, the author deals with subrogation and the right of recourse from his own perspective, slightly different from the one retained in the doctrine. However, it goes without saying that any criticism of the author's interpretations is gratefully received.

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