Explanation of Article 609
The article refers to the ruling in the event that the creditor goes bankrupt after the guarantor has fulfilled the debt. The reasoning is that the guarantor guarantees the debt, not the person of the debtor. Therefore, if the creditor goes bankrupt after the guarantor has fulfilled the debt, the guarantee does not terminate. This is because the debt still exists in the debtor's liability, and the guarantee is an accessory contract that does not stand on its own and only terminates with the termination of the guaranteed debt. If the debt still exists in the debtor's liability, the guarantee does not terminate.
This ruling is what is included in the first paragraph of this article. The reasoning is that the guarantor guarantees the debt, not the person of the debtor. Therefore, if the creditor goes bankrupt after the guarantor has fulfilled the debt, the guarantee does not terminate. This is because the guarantee is an accessory contract that does not stand on its own and only terminates with the termination of the guaranteed debt. If the debt still exists in the debtor's liability, the guarantee does not terminate.
The second paragraph clarified that if the creditor has discharged the guarantor from the debt, the guarantee terminates. This is because the discharge from the debt leads to the termination of the guaranteed debt, and this is due to the dependency of the guarantee on the guaranteed debt. The guarantee follows the existence and non-existence of the guaranteed debt, and this is what Article (604) has established.
The article indicated that this ruling is not of public order, so it is permissible to agree otherwise.
Related To
Article 609
-
The owner of a thing shall own all the elements of such thing which cannot be separated therefrom without destroying, damaging, or altering it.
-
The owner of a land shall own the space above and below such land to the extent that allows enjoyment thereof, unless a legal provision or a disposition requires otherwise.