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Guaranty and Suretyship Concepts Guide

The document contains a matching exercise with 50 terms related to guaranty and suretyship, paired with their definitions. Additionally, it includes a true or false quiz assessing knowledge on the concepts of guaranty, suretyship, and related legal terms. The correct answers for both sections are provided for study and verification purposes.

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0% found this document useful (0 votes)
3 views6 pages

Guaranty and Suretyship Concepts Guide

The document contains a matching exercise with 50 terms related to guaranty and suretyship, paired with their definitions. Additionally, it includes a true or false quiz assessing knowledge on the concepts of guaranty, suretyship, and related legal terms. The correct answers for both sections are provided for study and verification purposes.

Uploaded by

syshaina486
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Matching Type Questions

Instructions: Match each term or concept in Column A with its correct definition or description in
Column B. There are 50 items in Column A and corresponding options in Column B (some options may
be used more than once or rephrased for matching, but each has a unique pair).

Column A:

1. Guaranty

2. Suretyship

3. Accessory (guaranty characteristic)

4. Subsidiary (guaranty characteristic)

5. Unilateral (guaranty characteristic)

6. Gratuitous (guaranty characteristic)

7. Tripartite (guaranty)

8. Nominate (guaranty)

9. Form of guaranty

10. Guarantor distinguished from surety (insurer aspect)

11. Principal debtor

12. Creditor

13. Definite guaranty

14. Indefinite guaranty

15. Simple guaranty

16. Double guaranty

17. Continuing guaranty

18. Gratuitous guaranty

19. Onerous guaranty

20. Principal guaranty

21. Accessory nature of guaranty

22. Conditional obligations in guaranty

23. Excussion

24. Benefit of excussion


25. Subrogation

26. Agency

27. Equitable mortgage

28. Real mortgage

29. Equity of redemption

30. Antichresis

31. Pactum commissorium

32. Pledge

33. Right of redemption

34. Benefit of excussion (alternative term)

35. Voluntary deposit

36. Pactum de non alienando

37. Judicial guaranty

38. Legal guaranty

39. Conventional guaranty

40. Gratuitous substitution

41. Onerous substitution

42. Simple substitution

43. Principal obligation

44. Accessory obligation

45. Insolvency in guaranty

46. Marital consent in guaranty

47. Future debts in guaranty

48. Present debts in guaranty

49. Conditional obligations

50. Exoneration by guarantor

Column B:

a. A contract whereby a person binds himself to render some service or to do something in


representation or on behalf of another, with the consent or authority of the latter.
b. A transaction that appears as a sale but is intended as security for a debt.

c. A contract whereby immovable property is subjected to secure fulfillment of a principal obligation.

d. The right of the mortgagor to redeem property after default but before confirmation of foreclosure
sale.

e. A contract where the creditor receives fruits from the debtor's immovable property to apply to
interest and principal.

f. A void stipulation allowing automatic appropriation of secured property upon default.

g. A contract where movable property is delivered to secure a principal obligation, with return upon
fulfillment.

h. The right to repurchase foreclosed real property within a specified period.

i. The guarantor's right to require exhaustion of the principal debtor's assets before liability attaches.

j. A deposit made by the will of the depositor.

k. A contract whereby a person binds himself to the creditor to fulfill the principal debtor's obligation if
the latter fails.

l. A contract where a person binds himself solidarily with the principal debtor.

m. It cannot exist without a principal obligation.

n. The guarantor's liability arises only after exhausting the principal debtor's assets.

o. The guarantor is obligated without receiving compensation unless agreed.

p. Involves at least three parties: creditor, principal debtor, and guarantor.

q. It has a special name under the law. r. Must be in writing to be enforceable, as a special promise for
another's debt.

s. The guarantor insures the solvency of the debtor; the surety assumes primary liability.

t. The person whose obligation is secured by the guaranty.

u. The person to whom the obligation is owed.

v. Limited to a specific obligation or amount.

w. Not limited to a specific obligation; may cover future advances.

x. Involves one guarantor for the principal debtor.

y. A guarantor guarantees another guarantor's obligation.

z. Can secure a series of credits or future obligations.

aa. No compensation is received by the guarantor.


bb. The guarantor receives compensation.

cc. The main debt or duty that the guaranty secures.

dd. Cannot exist independently; depends on a valid principal obligation.

ee. If suspensive, the guarantor cannot be held liable until the condition is fulfilled.

ff. The process of exhausting the principal debtor's assets before pursuing the guarantor.

gg. The guarantor's right to have the principal's property exhausted first.

hh. The guarantor steps into the creditor's rights after payment.

ii. The guarantor becomes liable if the principal debtor is insolvent.

jj. A married woman may guarantee without her husband's consent, but not bind conjugal property.

kk. Can be secured by guaranty if the amount is known or liquidated.

ll. Can be secured by guaranty.

mm. Obligations subject to a condition.

nn. Release of the guarantor from liability.

oo. A stipulation prohibiting alienation of the secured property.

pp. Created by a court decree in litigation.

qq. Created by provision of law.

rr. Created by agreement between parties.

ss. When the guarantor does not receive compensation for the substitution.

tt. When the guarantor receives compensation for the substitution.

uu. Substitution of one debtor for another without additional guarantees.

vv. The main duty that must be valid for the guaranty to exist.

ww. Dependent on the principal obligation.

xx. Leads to guarantor liability if the principal cannot pay.

yy. Requirement for a married guarantor to bind community property.

zz. Debts already existing at the time of guaranty.

aaa. The guarantor replaces the debtor without the latter's consent.

(Note: For the matching, the correct pairs are 1-k, 2-l, 3-m, 4-n, 5-o, 6-o, 7-p, 8-q, 9-r, 10-s, 11-t, 12-u, 13-
v, 14-w, 15-x, 16-y, 17-z, 18-aa, 19-bb, 20-cc, 21-dd, 22-ee, 23-ff, 24-gg, 25-hh, 26-a, 27-b, 28-c, 29-d, 30-
e, 31-f, 32-g, 33-h, 34-i, 35-j, 36-oo, 37-pp, 38-qq, 39-rr, 40-ss, 41-tt, 42-uu, 43-vv, 44-ww, 45-xx, 46-yy,
47-kk, 48-ll, 49-mm, 50-nn. Use this for study.)
True or False Questions

Instructions: Determine if each statement is True or False based on the concepts from the provided
content and pointers.

1. An oral promise of guaranty is enforceable.

2. A mortgage given to secure future advances is valid in a legal contract.

3. The contract of deposit must be in writing only.

4. The depository cannot deposit the thing to pay a third person.

5. Guaranty can exist without a principal obligation.

6. Suretyship binds the surety solidarily with the principal debtor.

7. Guaranty is a gratuitous contract unless otherwise agreed.

8. A guaranty must be in writing to be enforceable.

9. The guarantor is liable before exhausting the principal debtor's assets.

10. A surety is entitled to the benefit of excussion.

11. A married woman can guarantee an obligation without her husband's consent.

12. Guaranty can secure future debts if the amount is known.

13. Conditional obligations cannot be guaranteed.

14. The guarantor receives the benefit of excussion automatically.

15. Subrogation allows the guarantor to step into the creditor's rights after payment.

16. Agency requires the agent's consent to be valid.

17. Equitable mortgage is always in the form of a sale.

18. Real mortgage applies to movable property.

19. Equity of redemption expires after foreclosure sale confirmation.

20. Antichresis involves the creditor receiving fruits from immovable property.

21. Pactum commissorium is a valid stipulation in pledges.

22. Pledge requires delivery of the movable to the creditor.

23. Right of redemption applies only to real property.

24. Benefit of excussion requires the guarantor to point out the debtor's property.

25. Voluntary deposit requires court order.

26. There must be delivery to constitute a contract of pledge.


27. The principal can give the agent powers without the agent's knowledge.

28. Guaranty is tripartite, involving only two parties.

29. Nominate contracts have no special name under the law.

30. A guarantor can bind himself for less than the principal debtor's amount.

31. Indefinite guaranty covers unlimited future obligations.

32. The creditor must always obtain judgment against the principal before suing the guarantor.

33. Excussion is not required if the principal debtor is insolvent.

34. The guarantor can renounce the benefit of excussion in advance.

35. A guaranty is void if the principal obligation is voidable.

36. The guarantor can recover from the principal after payment without notice.

37. Substitution of debtor requires the guarantor's consent if gratuitous.

38. The creditor can demand substitution from the guarantor.

39. Guaranty extends to accessories like judicial costs after demand.

40. A guarantor is exonerated if the creditor grants extension without consent.

41. Notice to the guarantor is required for excussion to apply.

42. The guarantor can set up defenses of the principal debtor.

43. In suretyship, liability is primary and solidary.

44. Guaranty can be constituted to secure voidable obligations.

45. The creditor must exhaust all remedies against the debtor for excussion.

46. A guarantor can be held liable for more than the principal's debt.

47. Marital guaranty binds conjugal property without spousal consent.

48. Future debts can never be guaranteed.

49. Conditional guaranty becomes enforceable upon condition fulfillment.

50. The guarantor has the right to demand substitution if the debtor is dishonest.

(Note: Correct answers - 1. False, 2. True, 3. False, 4. False, 5. False, 6. True, 7. True, 8. True, 9. False, 10.
False, 11. True, 12. True, 13. False, 14. True, 15. True, 16. True, 17. False, 18. False, 19. True, 20. True, 21.
False, 22. True, 23. True, 24. True, 25. False, 26. True, 27. False, 28. False, 29. False, 30. True, 31. False,
32. True, 33. True, 34. True, 35. False, 36. True, 37. False, 38. False, 39. True, 40. True, 41. False, 42. True,
43. True, 44. True, 45. True, 46. False, 47. False, 48. False, 49. True, 50. False. Use for verification.)

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