Conventional Guaranty, Legal Guaranty or Judicial Guaranty, Gratuitous Guaranty, or Guaranty by Onerous Title
Art. 2051. A guaranty may be conventional, legal or judicial, gratuitous, or by onerous title.
It may also be constituted, not only in favor of the principal debtor, but also in favor of the other guarantor, with the latter’s consent, or without his knowledge, or even over his objection. (1823)
Art. 2052. A guaranty cannot exist without an valid obligation.
Nevertheless, a guaranty may be constituted to guarantee the performance of a voidable or an unenforceable contract. It may also guarantee a natural obligation. (1824a)
GUARANTY IS AN ACCESSORY CONTRACT
> It is indispensable for its existence that there must be a principal obligation
> So if the principal obligation is void, it follows that it is also void
A GUARANTY MAY SECURE THE PERFORMANCE OF
1. A voidable contract inasmuch as such contract is binding unless it is annulled by a proper action in court
2. An unenforceable contract because contract is not void
3. A natural obligation so that the contract may proceed against the guarantor although he has no right of action against the principal debtor for the reason that the latter’s obligation is not civilly enforceable