What is the commercial bond?





If the guarantor is not trader, but what is assured is the fulfillment of a commercial contract, Bail is considered commercial (art. 439 C.Comercio).


Accordingly, in most cases, we will find commercial guarantees.


The bond It is a contract whereby a person undertakes to pay or discharge an obligation by the other in the case of not doing it (art. 1822 C.Civil).

Requires that "build" on a valid obligation.

It can be set for specified period or indefinitely and is recommended in any case that limited to a maximum stipulated. You can consolidate a single operation or a set of contracts.


The Commercial Code regulates commercial bail in Articles 439 a 442. In matters not covered in the contract or in the Code of Commerce, apply the Civil Code (Arts. 1822 a 1853).


The business deposit must be made in writing, Unlike civil, only required to be expressed.

Normally bail is documented in deed. It is also common bond joins the main contract which ensures compliance.


The guarantor can be anyone and will remain commercial bail, although this is not a merchant (art 439 C.Com.)


In case there are several detents, the creditor can only claim each latch part that corresponds, unless expressly agreed their jointly and severally (art.1.837 C.Civ).

Unless otherwise agreed, the trade is consolidation Free.

The guarantor may not be obliged to pay to the creditor without having attempted to collect the assets of the debtor (art. 1830 C.C., is called benefit of discussion).

If you want the guarantor is obliged severally with the debtor, must be expressed in writing (art. 1137 C.Civil).

These terms usually find when the bank normally require a deposit indicate that the catches are solidarity, between them and the principal debtor, waiving the benefits of priority, excusión (Arts. 1.830 a 1.832 the C.C.) and division (art. 1.837 C.C.).


The guarantor can not be bound to more than the principal debtor agrees but can be bound unless. It is always securities recommended limit to a maximum, to avoid disgustos.

In any case, bail also includes incidental expenses they could generate as a trial (art. 1827 C.C.).

When claiming payment the surety, it may raise the exceptions which concern the principal debtor and the debt-related, but not purely personal debtor (art. 1.853 C.Civil).

Once the guarantor pays the creditor, the first is subrogated to all the rights which the creditor had against the debtor that you may claim for the debt, interests, expenses, damages.

If the debtor's obligation is extinguished, extinguished bail.

In any case, is recommended to avoid deposits and can not do if, limit the amount of the same.

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