Civil Code Art. 2052: Nature and Extent

Statute: Civil Code
Article: Art. 2052
Topic: Nature and Extent of Guaranty
Status: In force
Book: BOOK IV Obligations and Contracts
Title: TITLE XV GUARANTY
Chapter: CHAPTER 1 Nature and Extent of Guaranty
Formerly: Art. 1824a of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

A guaranty cannot exist without a valid obligation. Nevertheless, a guaranty may be constituted to guarantee the performance of a voidable or an unenforceable contract. It may also guarantee a natural obligation. (1824a)

Intellegal Wiki · In plain terms

A guaranty depends on a valid underlying obligation and cannot exist without one. Even so, it may secure a contract that is merely voidable or unenforceable, and it can also back a natural obligation, one that is not legally demandable but rests on equity and good conscience.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

Atok Finance Corporation v. Court of Appeals G.R. No. 80078
Jacinto Uy Diño v. Hon. Court of Appeals G.R. No. 89775

Related provisions in this Chapter

Civil Code, Art. 2053 Nature and Extent of Guaranty
Civil Code, Art. 2054 Nature and Extent of Guaranty
Civil Code, Art. 2047 Nature and Extent of Guaranty

Civil Code, Art. 2052 is found in CHAPTER 1 Nature and Extent of Guaranty of TITLE XV GUARANTY of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.