Art. 2049. A married woman may guarantee an obligation without the husband’s consent, but shall not thereby bind the conjugal partnership, except in cases provided by law. (n)
Art. 2050. If a guaranty is entered into without the knowledge or consent, or against the will of the principal debtor, the provisions of Articles 1236 and 1237 shall apply. (n)
GUARANTY UNDERTAKEN WITHOUT KNOWLEDGE OF DEBTOR
Always remember that a guaranty is unilateral. It exists for the benefit of the creditor and not for the benefit of the debtor.
The creditor obviously has every right to take all possible means to secure the payment of his credit
WHAT THEN IS THE RIGHT OF A THIRD PERSON WHO PAYS?
Remember the rules on payment.
A person who pays without the knowledge or against the will of the debtor can recover only insofar as the payment has been beneficial to the debtor AND he cannot demand the creditor to subrogate him into his rights
If he becomes the guarantor with the knowledge and consent of the debtor, he is subrogated by virtue thereof to all the rights which the creditor has against the debtor
