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Philippine Civil Code, Art. 2058

Effects of Guaranty · Formerly Art. 1830a of the old Civil Code

Statute
Philippine Civil Code
Article
Art. 2058
Topic
Effects of Guaranty
Status
In force
Book
BOOK IV Obligations and Contracts
Title
TITLE XV GUARANTY
Chapter
CHAPTER 2 Effects of Guaranty
Formerly
Art. 1830a of the old Civil Code
Year
1949
Cited by
Multiple Supreme Court decisions

The provision

The guarantor cannot be compelled to pay the creditor unless the latter has exhausted all the property of the debtor, and has resorted to all the legal remedies against the debtor. (1830a)

Intellegal Wiki · In plain terms

A guarantor cannot be forced to pay the creditor until the creditor has first exhausted all of the debtor's property and pursued every legal remedy against the debtor. This protection is known as the benefit of excussion.

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

Cases applying this article

Related provisions in this Chapter

Civil Code, Art. 2058 is found in CHAPTER 2 Effects 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 Provisions may have been amended or repealed.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.