Explanation of Article 586
The article clarified the validity of the guarantee contract between the guarantor and the creditor, provided that the guarantor's obligation to the creditor is deferred, while the debtor's obligation to the creditor is immediate. For example, the guarantor guarantees the buyer in a sale where the price is due immediately upon sale, with the guarantor's obligation being deferred for a month after the sale. This scenario is merely an application of the rule contained in Article (584), which stipulates the validity of the guarantee for an amount less than what is owed by the debtor and under a lighter condition; the deferment is a mitigating condition for the guarantor. There is no conflict in this case between the differing terms of the two debts, nor does it violate the principle of the guarantor's obligation being subsidiary to the debtor's obligation. The subsidiary nature requires that the guarantor's obligation does not precede or exceed the debtor's obligation in amount or nature; deferring the guarantor's obligation from the debtor's does not negate its subsidiary nature.
The article also clarified that the creditor, in this case—despite the deferment of the guarantor's obligation—can demand the debtor for the debt immediately upon its inception; the debtor's obligation is not deferred due to the deferment of the guarantor's obligation. The debtor cannot argue that the creditor's acceptance of the deferment of the guarantor's obligation is an implicit agreement to defer the obligation for him. The reason for this is that the debtor's obligation is primary, and the guarantor's obligation is subsidiary. If either is deferred, it benefits the guarantor, but the debtor only benefits if his own obligation is deferred, not the guarantor's. Thus, the creditor can demand the debt immediately, and if the debtor defaults, the guarantor's obligation remains, but the creditor cannot revert to the guarantor until the term is due.
Related To
Article 586
A deferred suretyship may be established on a due debt. The creditor may demand immediate payment of such debt from the debtor but he may not demand the same from the surety except upon the effective date of the suretyship.