كفالة التزام المدين بسبب نقص أهليته

Abstract

If a warrant was given to guaranty an obligation witch is able to revocation because of incompetence of the debtor. When the latter has not claim the nullification of the contract because of his incompetence, the guarantor is obliged to execute the obligation if it was not executed by the debtor. So the creditor has the right prosecute him and execute on his goods.

When the debtor claim the nullification of the contract because of his incompetence, the contracting parties turn to the case before concluding the contract. But the guarantor will not be discharge, he steels obliged to execute the obligation as a principle debtor not as guarantor if conditions of the article 649 of civil code are satisfied.