A bond is a guarantee that seeks to ensure compliance with an obligation. However, it is a term that can be misleading, referring to both a real guarantee and a personal guarantee.

The "guarantee" (from the low Latin fedare of fidere.fe. security) in the strict sense is a personal guarantee, by virtue of which compliance with a specific obligation is guaranteed through a guarantor. The guarantor is a third person, unrelated to the main obligation, who guarantees its compliance, committing to fulfill what the debtor has not fulfilled himself. There are several types of bonds such as advance payment, performance, supply, good quality, among others.

In civil law, the guarantor and the debtor are two different people, linked by a figure that has a contractual appearance: surety contract. The relationship between the creditor and the guarantor passes through the debtor.

The doctrine and law has classified bail into three types: conventional, legal and judicial bail.

The conventional guarantee is the one that arises with the will between the creditor and the debtor. Legal bail is one imposed by law in order to ensure compliance with an obligation. Judicial bail is granted through a court resolution.

The civil code also states that bail can be civil and commercial. Civil bail is one that is regulated in the different civil codes and is normally granted free of charge. The commercial bond is one granted by an authorized Institution and is regulated by the tax authority in an onerous manner.

However, we also find that bail can be made free of charge, in which the guarantor does not receive any remuneration for granting it. The opposite of this is the onerous bond, in which the guarantor obtains remuneration for granting it.

Contenido

Otro uso común del término "fianza" en el ámbito jurídico es el de entrega de una cantidad de dinero como garantía de ciertas obligaciones. Sin embargo, a pesar del nombre, la fianza monetaria no es tal, sino que se trata de un caso de prenda irregular, al tratarse de una garantía real y no personal.

Existen varios ámbitos del Derecho en el que aparece esta figura.

Breach

In the case of breach of the guaranteed obligation, it will depend on the specific case to establish what happens to the guarantee. For example, in contract law it is usual for the creditor to use the bond to compensate for the damages caused. However, in criminal procedural law, a possible escape of the accused causes the absolute loss of money given as bail, without the need to evaluate expenses or damages.

It is extinguished according to the following causes: