- Statute
- Civil Code
- Article
- Art. 2059
- Topic
- Effects of Guaranty
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE XV GUARANTY
- Chapter
- CHAPTER 2 Effects of Guaranty
- Formerly
- Art. 1831a of the old Civil Code
- Year
- 1949
The provision
The excussion shall not take place: (1) If the guarantor has expressly renounced it; (2) If he has bound himself solidarily with the debtor; (3) In case of insolvency of the debtor; (4) When he has absconded, or cannot be sued within the Philippines unless he has left a manager or representative; (5) If it may be presumed that an execution on the property of the principal debtor would not result in the satisfaction of the obligation. (1831a)
Cases applying this article
- Benjamin Bitanga v. Pyramid Construction Engineering Corporation G.R. No. 173526
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