The general (global) bail

Abstract

The general guarantee is a personal guarantee in which the guarantor is responsible for present and future debts that the main debtor usually assumes with a creditor without limiting the time or amount of the guaranteed operations. The elements that structure the general security contract have their own peculiarities that must be adjusted to the positive treatment of the bond provided by civil law. This has raised successive questions and difficulties, especially when it is formalized in an adhesion contract together with the main legal business. In short, there are various problems that the jurisprudence has been partially resolving without addressing a unified doctrine of the integral configuration of the general guarantee that, for its future consolidation, should have a prompt legislative response.