Philippine Civil Code Art. 2055: Nature and Extent

Statute: Philippine Civil Code
Article: Art. 2055
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. 1827a of the old Civil Code
Year: 1949
Cited by: A Supreme Court decision

The provision

A guaranty is not presumed; it must be express and cannot extend to more than what is stipulated therein. If it be simple or indefinite, it shall compromise not only the principal obligation, but also all its accessories, including the judicial costs, provided with respect to the latter, that the guarantor shall only be liable for those costs incurred after he has been judicially required to pay. (1827a)

Cases applying this article

Consing v. Court of Appeals G.R. No. 143584

Related provisions in this Chapter

Civil Code, Art. 2054 Nature and Extent of Guaranty
Civil Code, Art. 2053 Nature and Extent of Guaranty
Civil Code, Art. 2052 Nature and Extent of Guaranty
Civil Code, Art. 2047 Nature and Extent of Guaranty

Civil Code, Art. 2055 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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