Article 2047-2050

Article 2047

- It contains 2 contracts (between Dr.-Cr. & between Cr.-Guarantor)

- Guarantor undertakes that he must fulfill the obligations of Dr. in case the Dr.
cannot fulfill his commitments subject, of course, to certain conditions that will be
discussed later on.
- Special promise to answer for the debt default or miscarriage of another person
who is in unenforceable contracts under Art. 1403 par. 2 letter B. Therefore, a
contract of a guaranty has to be inviting to be enforceable.
- Characteristics of a Guaranty
o It is an Accessory – dependent for its existence upon the principal
obligation guaranteed by it.
o It is Subsidiary & Conditional – it takes effect only when the principal
debtor fails in his obligation subject to limitation
o It is Unilateral –
 a. Gives rise only to the duty on the part of the guarantor in relation
to the creditor and not vice versa
 b. It may be entered into even without the intervention of the
principal debtor (meaning, without the knowledge or the consent)
there can still be a contract of guaranty between Cr. And Guarantor

Article 2048

- General Rule: It is gratuitous

- Exception to the Rule: Both parties agree that the contract be for a consideration

Article 2049

- This article states that wherein a married woman enters a contract of guaranty,
she only binds her separate property (or what we call Paraphernal Property) in
the event that the principal Dr. fails to fulfill his obligation. However, there are 2
 situations where she can bind the Conjugal Partnership of Gains or Absolute
Community Property
o 1. Husband consents to the contract
o 2. Even without the consent of the husband, where the contract redounds
(or to greatly contribute) to the benefit of the family. This is on the Article
70, 71, 94 par.3, 121 par. 3, and 122 of the Family Code
- These are the situations where the contract redounds to the benefit of the family

Article 2050

- General Rule: The Cr. Is not bound to accept payments or performance by a 3 rd

person who has NO interest in the fulfillment of the obligation
- Exception: If there is a contrary stipulation
- Where the Guarantor pays the debt of Dr., then general rule is he can collect the
whole amount from the Dr. that is if there was consent from the Dr. However, if
the payment is made without the knowledge or against the will of the Dr., these
are the effects based on Articles 1236 &1237: