CÂTEVA OBSERVAȚII PRIVIND STINGEREA FIDEIUSIUNII PRIN DECESUL FIDEIUSORULUI, POTRIVIT CODULUI CIVIL ÎN VIGOARE

In this study, the author makes an analysis of the provisions of Article 2319 of the new Romanian Civil Code, which entered into force on 1 October 2011, a text according to which „the personal guarantee ceases to exist following the death of the personal guarantor, although there is a contrary stipulation”, in relation to the general rules of principle of the Civil Code regarding the death of a contracting party (the natural person), respectively the cessation of the capacity of use (in case of the legal person). It is mentioned that the solution regulated by Article 2319 of the Romanian Civil Code did not exist in the previous Romanian Civil Code (of 1864), being taken from the Civil Code of the Province of Québec (Canada).