Protección del fiador y accesoriedad de la fianza

Resumen

The accessorial nature of the guarantee may be observed from the beginning, practice and titularity, as well as in its extinction and, in general, throughout all the life of the relation. However, it is a flexible rule, which must respect the parties¿ will as well as the function of the guarantee, which is to secure the loan. 'Guarantee at first request' allows the creditor to claim the execution of the guarantee without being necessary to discuss the guaranteed relation between creditor and debtor. Indeed, the clause 'at first request' lowers the severity of its accessorial nature, protecting the creditor; but, anyhow, this type of guarantee is still incidental and, in any case, it cannot be said that it unfairly damages the guarantor.