Guarantee and Financial Liability

new enforcement measures and execution action as means to reinforce obligations

Abstract

This paper analyzes the general guarantee of civil obligations, understood as an intrinsic element of these obligations, as well as its transformation in the last decades due to case law and statutory law changes. It also clarifies the distinction between guarantee, personal liability, enforceability and judicial executory ways. The paper also analyzes the effects of the Brazilian procedural statutory reform, special statutes and, specifically, the Brazilian Code of Civil Procedure on the Law of Obligations.