- Statute
- Philippine Civil Code
- Article
- Art. 2068
- 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. 1840 of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
If the guarantor should pay without notifying the debtor, the latter may enforce against him all the defenses which he could have set up against the creditor at the time the payment was made. (1840)
Intellegal Wiki · In plain terms
A guarantor who pays the creditor without first notifying the debtor takes a risk: when the guarantor later seeks reimbursement, the debtor may raise against the guarantor every defense the debtor could have used against the creditor as of the time the payment was made.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- JN Development Corp. v. PhilGuarantee G.R. No. 151060
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