The object of the present study is the omnibus guarantee and its admissibility prefaced by a brief analysis on the legal framework of the personal guarantee on the civil code. It consists initially of a discourse on the validity of the institute in light of the general requisite of determinability of the object of legal transactions followed by a commented analysis of the various criteria of determination put forward pertaining to present and future obligations, with emphasis on the control of the activity of the debtor by the guarantor and the establishment of a quantitative limitation. In addition, a subsequent assessment is made regarding the impact of the principle of good faith on the guarantor’s protection both during the moment of constitution, as well as the moments of abeyance and exercise of the guarantee, focusing on the legal framework of general contractual terms and conditions, the exclusion of certain obligations from its object and compliance with duties of information and conduct binding both parties, with special focus on the creditor’s behalf. Finally, a consolidative enumeration of the main conclusions reached on the study is made.
|Date of Award||13 Jul 2021|
- Universidade Católica Portuguesa
|Supervisor||Maria de Fátima Ribeiro (Supervisor)|