Explanation of Article 585
This article sets forth the effect of the guarantor's obligation towards the creditor; it establishes a general rule in this matter, which is that when the guarantee is issued unconditionally, meaning it is not restricted by any incidental descriptions of the obligation, and is not contingent upon a suspensive or resolutory condition, nor on a suspensive or resolutory term, the guarantor's obligation towards the creditor follows the debtor's obligation in terms of maturity and deferment. This is in application of the rule of the guarantor's obligation following the guaranteed obligation and in fulfillment of the contracting parties' intent. When the guarantor does not condition his guarantee with a condition or term, it follows the guaranteed debt in terms of maturity and deferment.
Accordingly, the creditor cannot demand the guarantor before the time for the performance of the guaranteed debt has arrived, and the guarantor cannot claim, upon issuing the guarantee, that the nature of the guarantee implies deferment once the guaranteed debt becomes due. This applies whether the guaranteed debt was originally due, such as when the guarantor guarantees the buyer to the seller in a current sale, or if the guaranteed debt was originally deferred and then becomes due by virtue of the system or based on a penalty clause, for example, between the creditor and the debtor upon breach. Thus, the guarantor issuing his guarantee without restriction or condition makes his obligation follow the debtor's obligation in all its descriptions.
Related To
Article 585
If a suretyship is absolute, the surety’s obligation shall follow that of the debtor, whether the obligation is immediately due or deferred.