CONSIDERAȚII CU PRIVIRE LA GARANȚIILE PERSONALE AUTONOME
STANDBY PERSONAL GUARANTEE CONSIDERATIONS

Summary/Abstract: By autonomous personal guarantee we will understand that contract by which one or more persons (autonomous personal guarantees) oblige themselves to another person (the creditor of the secured claim) to satisfy, at his request, the claim or claims submitted. This definition results from the provisions of art. 1628, para. 3, C. civ: "Autonomous personal guarantee is considered the obligation of the guarantor assumed for the benefit of a creditor, for the purpose of guarantee, in which it is expressly provided or from which it unequivocally follows that it does not depend on the obligation that another person owes the creditor". It follows from the definition that a third person can assume the obligation towards the creditor to guarantee the satisfaction of the creditor's claims contracted by him from the moment of concluding the autonomous guarantee contract. If in the case of suretyship, the guarantor undertakes to guarantee an obligation or obligations of the debtor, or in the case of the comfort letter, the obligation that he will determine the execution of the debtor's obligation, in the case of the autonomous personal guarantee, the guarantor assumes the obligation to satisfy a determined claim of the creditor or to satisfy all the creditor's claims arising during the entire period of validity of the guarantee contract. The personal guarantee can be particular or general.

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