GUARANTY IS NOT PRESUMED
Art. 2055. A guaranty is not presumed; it must be express and cannot extend to more than what is stipulated therein.
If it be simple or indefinite, it shall compromise not only the principal obligation, but also all its accessories, including the judicial costs, provided with respect to the latter, that the guarantor shall only be liable for those costs incurred after he has been judicially required to pay. (1827a)
> Requires the expression of consent on the part of the guarantor to be bound
> It cannot be presumed because of the existence of a contract or principal obligation
> Why this rule? The law wants not only that there be assurance that the guarantor has the true intention to bind himself but also to make certain that on making it, he proceeded with consciousness of what he was doing
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