GARANȚIILE PERSONALE ACORDATE DE CONSUMATOR
PERSONAL WARRANTIES GIVEN BY THE CONSUMER

Summary/Abstract: The personal guarantees granted by the consumer, being consumption reports, contain provisions for the protection of the legal situation of the consumer, establishing rules of exception from the legal regime of common law in the matter of personal guarantees. Thus, in considering the guarantor's consumer quality, the legislator establishes a series of obligations for the professional creditor, intended to strengthen the consent of the guarantor consumer to assume the guarantee. Among these obligations we identify the obligation of the professional creditor to ensure that the consumer guarantor assumes the guarantee in full knowledge of the case; if it is proved that the professional knew that the guarantor had a relationship of trust between the debtor and the guarantor and did not request from the guarantor proof of receiving an independent consultation regarding the risks involved in assuming the guarantee, the respective contract may be revoked or canceled as the case may be. During the course of the contract, the professional creditor is obliged to inform the consumer guarantor annually about the amounts guaranteed from the main obligation, the interest or other ancillary obligations - art. 1665, para. 1, C. civil. In case of non-execution of the obligation by the debtor, the consumer guarantor will be obliged to pay the obligation in the amount existing at the time of assuming the guarantee.

• Details
• Contents