Explanation of Article 593
The article clarifies the types of guarantees based on their source; thus, in this regard, there are three types:
The first type: Statutory guarantee; it is the guarantee that the debtor is obliged to provide by the text of the law.
The second type: Judicial guarantee; it is the guarantee that the debtor is obliged to provide by a judicial ruling in certain situations specified by the law.
The third type: Contractual guarantee; it is the guarantee by agreement between the guarantor and the creditor, and the debtor is not obliged to it by the text of the law or by a judicial ruling.
The article stipulates that statutory and judicial guarantees are presumed to involve solidarity between the guarantor and the debtor, and solidarity among the guarantors themselves. As for the contractual guarantee, it does not entail solidarity unless there is an explicit or implicit agreement; solidarity is not presumed between the debtor and the guarantor nor among the guarantors themselves, in accordance with Article (222) which stipulates that solidarity among debtors only occurs by agreement or by statutory provision.
If the guarantor is in solidarity, whether in a statutory or judicial guarantee, or due to a stipulation of solidarity in a contractual guarantee, the guarantor cannot claim recourse to the debtor first, nor can they claim the stripping of the debtor, and the guarantor is not released if the debtor is warned in case the creditor delays actions against the debtor after the debt is due and one hundred and eighty days have passed. It is permissible to execute against the guarantor's assets before executing against assets secured by a real guarantee for the debt, among other provisions where the solidary guarantor differs from the non-solidary guarantor.
Related To
Article 593
Legal and judicial suretyships shall entail sureties to be solidary with the debtor and to be co-sureties.