Explanation of Article 587
The article refers to the provisions related to temporary guarantees, stating that if the guarantee is concluded between the guarantor and the creditor for a specific period, the guarantor is only liable for the obligations that arise for the creditor against the debtor during the period of the guarantee.
As a result, the guarantor is not liable for the debtor's obligations towards the creditor that arose before that period, whether they became due during the period or were due afterward, nor for obligations that arise after that period.
The reason for this is that the legislator assumed that the contracting parties' intention when timing the guarantee pertains to the time of the debtor's obligation arising, not the time of its maturity. For example, if a guarantee contract is concluded at the beginning of Sha'ban, with the guarantee being temporary for the month of Ramadan only, up to a limit of ten thousand riyals, the guarantee is restricted to obligations that arise on the debtor in favor of the creditor within this amount during Ramadan, whether the time for their fulfillment is in Ramadan or afterward. However, if obligations arise on the debtor in favor of the creditor after the guarantee contract is concluded and before the month of Ramadan begins, or if the debtor had obligations to the creditor before the guarantee was concluded, the guarantor is not liable for them, whether they become due in Ramadan, before it, or after it.
It is worth noting that what the system assumed with this text is not of public order; rather, it is for the presumed intention of the contracting parties. If the contracting parties agree that the temporary guarantee is restricted to obligations that occur during the specified period by agreement, then this is adhered to, as the origin of the obligation is the agreement, as is the condition or modifying clause, according to what the parties consent to.
Related To
Article 587
A surety in a temporary suretyship shall only be required to perform the obligations arising during the term of the suretyship.