Philippine Bar review · Question

Practice question: Nature and Extent

Multiple Choice Medium

Practice question

A guarantor validly limits a P500,000 principal debt guaranty to P100,000. The creditor argues every guarantor must cover the entire principal amount. Which rule applies?
  1. Article 2054 permits a guarantor to bind oneself for less than the principal debtor
  2. Every limited guaranty is necessarily void
  3. The limit always expands to P1 million
  4. The debtor's friendship controls the amount
  5. A guarantor can never limit the undertaking

Legal references

  • Civil Code Articles 2047–2057: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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