Explanation of Article 582
The default in guarantee is that it is free from incidental descriptions, and the article clarified the permissibility of including incidental descriptions in the guarantee contract; the guarantee in this regard is like all other contracts, and the explanation is as follows:
First: The executed guarantee, which is the default in guarantee; it becomes effective from the time of the contract, provided that if the obligation guaranteed is conditional, temporary, or deferred to a term, the guarantee follows it, even if it is executed.
Second: The guarantee conditioned on a suspensive condition; such as the guarantor suspending his guarantee on the condition that the creditor obtains a real security for the debt; the guarantee does not become effective unless this condition is fulfilled.
Third: The temporary guarantee; such as the guarantor guaranteeing the buyer against defects that appear in the goods only during the first month from the date of sale, or the guarantor guaranteeing the lessor the rent due from the lessee for the first year only; the guarantee is restricted to defects that appear in the first month and to the rent due in the first year.
Fourth: The guarantee deferred to a term; such as the guarantor committing to a certain amount of the debt due that arises in the debtor's liability starting from the beginning of the next month; the guarantee does not become effective until that date.
The generality of the article indicates the permissibility of the guarantee contract being conditional, temporary, or deferred to a term, even if the obligation guaranteed is executed or not conditional or deferred; the guarantee's dependency on the obligation guaranteed does not transform its restriction to something more specific than the obligation guaranteed. The rules in the general provisions on incidental descriptions of the obligation, as outlined in the first section of this system, apply solely to the guarantor's obligation and not to the original debtor's obligation.
Related To
Article 582
A suretyship may be absolute, conditional, temporary, or deferred to a future term.