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A GUARANTY IS STRICTLY CONSTRUED

A GUARANTY IS STRICTLY CONSTRUED  

>     It has to be strictly interpreted against the creditor and in favor of the guarantor and isn’t to be extended beyond its terms or specified limits

>     The  rule  of  strictissimi  juris  commonly  refers  to  an accommodation  party.    Why?    An  accommodation  surety acts  without  motive  of  pecuniary  gain  and  hence,  should be  protected  against  unjust  pecuniary  impoverishment  by imposing  on  the  principal  duties  akin  to  those  of  a fiduciary.    Take  note  further  that  this  rule  only  applies once it is established that the contract is one of suretyship
or guaranty.


A GUARANTY IS STRICTLY CONSTRUED

A GUARANTY IS STRICTLY CONSTRUED  

>     It has to be strictly interpreted against the creditor and in favor of the guarantor and isn’t to be extended beyond its terms or specified limits

>     The  rule  of  strictissimi  juris  commonly  refers  to  an accommodation  party.    Why?    An  accommodation  surety acts  without  motive  of  pecuniary  gain  and  hence,  should be  protected  against  unjust  pecuniary  impoverishment  by imposing  on  the  principal  duties  akin  to  those  of  a fiduciary.    Take  note  further  that  this  rule  only  applies once it is established that the contract is one of suretyship
or guaranty.


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