Dosterxa

We suppose that, like counter-guarantee of endorsement, the guarantor constituted public document article on certain goods of the indebted one guaranteed (special privilege according to article 90 of the LC). Then, overcome the guarantee and executed endorsement, the guarantor he will not be able, one time has paid, to subrogate itself in the position of the creditor with endorsement and to demand that their credit is described as privileged on the occasion of this article. That is to say, the payment of endorsement and the subrogation of the guarantor in the place of the previous creditor in no case will be able to entail one better qualification of the credit (with the consequent damage for the rest of creditors of the contest). 2. – Supposed that, executed endorsement, the guarantor only satisfies partially the credit It establishes article 87,7 of the LC that " to request of the creditor who had received part of his credit of a guarantor, shared in common indebted fastener or of the insolvent debtor, they will be able to as much include to its favor in the list of creditors the rest of its credit nonsatisfied like the totality del that, by reimbursement or by quota of solidarity, corresponds to that had made the payment partial ". This norm consecrates, for the phase of recognition of credits, the general principle according to which the right of the creditor with endorsement to make up for by the rest of the satisfied credit is not preferred on which the guarantor shows who it has realised a partial payment against the same indebted one. The foundation the preference is obvious: to allow that the guarantor – to title of the return right concurs in regime of equality in the contest with the primitive creditor, this one runs the risk of seeing itself omitted in its expectations of collection of the rest of the credit against that one, with the result of which the creditor who arranged the guarantee is finally that has supported the risk of insolvency of the insolvent debtor. .