Explanation of Article 579
The article refers to how a suretyship contract is concluded, and the first paragraph clarified that the suretyship is concluded by agreement between the guarantor and the creditor, through the issuance of an offer and acceptance between the guarantor and the creditor; the paragraph did not require a specific form for the conclusion of the suretyship, nor the acceptance of the debtor.
The end of the first paragraph indicated a legal presumption that the creditor's silence when an offer is directed to him by the guarantor is considered acceptance of the suretyship; the reason for this is that the suretyship contract is purely beneficial to the creditor, as the contract does not impose any obligation on him towards the guarantor. Conversely, the system did not presume the acceptance of the guarantor in the event of his silence when the offer is directed to him, because the suretyship contract imposes an obligation on him from his side only; thus, it does not constitute acceptance.
The second paragraph clarified that the suretyship contract does not depend on the acceptance of the debtor; he is considered a third party to it, and the contract is concluded without his knowledge or despite his opposition. Accordingly, if the debtor commits to the guarantor, this commitment does not change the nature of the suretyship as a contract binding on one side only, which is the guarantor.
Related To
Article 579
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A suretyship contract shall be concluded between a surety and a creditor. The creditor’s silence in the face of a surety offer shall constitute acceptance thereof.
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The debtor’s acceptance is not a condition for the conclusion of the suretyship. It may also be concluded without the debtor’s knowledge and in spite of his objection.