Post by account_disabled on Nov 4, 2023 6:18:12 GMT 1
Commentary, ed. M. Balwicka-Szczyrba, A. Sylwestrzak, Warszawa , art. . Termination of the guarantor's obligation The provision of Art. of the Civil Code states that if the deadline for payment of the debt is not specified or if the payment of the debt depends on notice, the guarantor may, after six months from the date of the surety, and if he guaranted for a future debt - from the date of the debt, demand that the creditor call the debtor for payment. or gave notice of termination as soon as possible. If the creditor does not comply with the above request.
The guarantor's obligation expires. The guarantor has the right to demand that the creditor call the debtor for payment or give notice of termination if the debt payment deadline is not specified or depends on notice. As a rule, this six-month period should be counted from the date of concluding the surety agreement. However, it is possible to waive this deadline if the surety agreement specifies the moment of establishing the security in a different way. The guarantor has a statutory limited time in which he can call on the creditor to make payment of the principal debt.
Charges against the surety Pursuant to the provisions of Art. of the Civil Code The guarantor may raise any objections against the creditor that the debtor has; in particular, the guarantor may set off the debtor's claim against the creditor cf. ยง ; The surety does not lose the above objections, even if the debtor waives them or acknowledges the creditor's claim.
The guarantor's obligation expires. The guarantor has the right to demand that the creditor call the debtor for payment or give notice of termination if the debt payment deadline is not specified or depends on notice. As a rule, this six-month period should be counted from the date of concluding the surety agreement. However, it is possible to waive this deadline if the surety agreement specifies the moment of establishing the security in a different way. The guarantor has a statutory limited time in which he can call on the creditor to make payment of the principal debt.
Charges against the surety Pursuant to the provisions of Art. of the Civil Code The guarantor may raise any objections against the creditor that the debtor has; in particular, the guarantor may set off the debtor's claim against the creditor cf. ยง ; The surety does not lose the above objections, even if the debtor waives them or acknowledges the creditor's claim.