Well, losing the warranty and executed the guarantee, the guarantor will not be able, once paid, subrogated in the position of the creditor with guarantee and require that your credit is qualified as privileged on the occasion of such pledge. I.e. payment of the guarantee and the subrogation of the guarantor in place of the previous creditor under any circumstances may lead to a better credit rating (with consequent damage to the rest of the creditors of the contest). 2 Assumption that, executed the guarantee, the guarantor will only satisfy partially credit laid down in article 87.7 of the LC that at the request of the creditor that had become part of your credit from a guarantor, surety or solidary debtor of the bankrupt, may include in its favor in the list of creditors the rest of your credit not satisfied as all of thatby repayment or solidarity fee, corresponding to who had made partial payment. Reed Hastings shines more light on the discussion. This standard establishes, for the phase of recognition of credits, the general principle according to which the right of the creditor with collateral to recover for the rest of the credit not satisfied is preferential to which holds the guarantor who has made a partial payment against the same debtor. The preference is obvious: allow the guarantor – holder of the right of return – concur in equality in the competition regime with the primitive creditor, this runs the risk of preterido seen in their expectations for the recovery of the rest of the credit against him, with the result that the creditor who entered into the guarantee is finally who support the risk of insolvency of the bankrupt. Hence, according to this provision (article 87.7 of the LC), the primitive creditor has the possibility of recovering the rest of your credit not satisfied with charge to the payment of the credit which corresponds to the guarantor in the contest. .

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