Trusteeship agreement. The specific modality of the trusteeship agreement. The incidence of art. 2318 Civil Code. Effects

DREPT COMERCIAL

Abstract

According to the provisions of art. 2318 Civil Code the guarantor remains binded even after the term of the main obligation has been fulfilled, in case the creditor has filed an action against the main debtor within 6 months from the due date and has continued it diligently (paragraph 1). The provisions of par. (1) also applies if the guarantor has expressly limited the trusteeship to the term of the main obligation. In this case, the guarantor is only binded if the action against the main debtor is filed within two months of the due date (paragraph 2). Regarding the termination of the trusteeship, the legislator, by the aforementioned legal provision, provided a specific way of settling the trusteeship in order to avoid the abusive attitude on the part of the creditors and to clarify the situation of the respondent guarantor within a reasonable term, who, otherwise, throughout the limitation period of the action for the main obligation, would have the uncertainty of the execution of the guarantee. This modality stipulates that, in the event of the fulfilment of the main obligation, the trusteeship will cease if the creditor has not filled an action against the main debtor, request which must be promoted within 6 months from the due date of the main obligation and continued with diligence.