Fideiussione Omnibus

The bank must act within 6 months of the maturity of the main obligation

The omnibus guaranteepayment of all debts, present and futureomnibus

The practice of using this instrument in the credit market is legitimized in particular by the following rules: art. 1938 of the Civil Codethe guarantee can also be given for a conditional or future obligation with the provision, in this last case, of the maximum guaranteed amount art. 1956 c.c. the guarantor for a future obligation is released if the creditor, without special authorization from the guarantor, has given credit to the third party, despite knowing that the latter's financial conditions had become such as to make the satisfaction of the credit considerably more difficult. The prior waiver of the guarantor to avail himself of the release is not valid

The risk that characterizes the omnibusguarantee guarantee jurisprudential/doctrinal debate

As is known, the Supreme Court with order of the United Sections n. 11486/2021, to clarify the jurisprudential conflict that arose in relation to the partial/total nullity of the so-called omnibus sureties

Following the intervention of the United Sections, the applicability of the code legislation to sureties is peaceful and indisputable, with particular reference to the art. 1957 c.c.  which provides that "The guarantor remains obliged even after, provided that the creditor has proposed the his requests against the debtor and has diligently continued them

The guarantor can, therefore, legitimately object and oppose any action

Otherwise, in the absence of legal action within the aforementioned deadline, the guarantor may be released from the obligation.

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