Atlas · Governance
The guarantor remains liable for sixty days after notifying the creditor to exempt themselves from a time-unlimited guarantee
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Criterion | Consequence | Source | Data of record |
|---|---|---|---|---|
| Guarantor | Time-unlimited guarantee signed and notification to creditor for exemption | Remains liable for all guarantee effects for sixty days after notification | Law 10.406/2002 (Civil Code), art. 835 | 10/01/2002 |
Data consulted on 02/10/2026.
Basis
- Law No. 10.406/2002 (Civil Code, Planalto) (Planalto, in Portuguese): Article 835 states that the guarantor may exempt themselves from a time-unlimited guarantee they signed whenever they wish, remaining liable for all guarantee effects for sixty days after notifying the creditor.
How it applies
This applies when the guarantee contract was signed without a time limit and the guarantor expresses their intent to exempt themselves. To do so, the guarantor must notify the creditor. From the notification, they remain liable for all guarantee effects during the legally established period. This exemption rule ensures the guarantor can terminate their contractual responsibility, provided they formally notify the creditor as per current Brazilian civil legislation. According to Article 835 of Law 10.406/2002 (Civil Code), the guarantor may choose to exempt themselves from a time-unlimited guarantee at any time, remaining fully liable for all guarantee effects for sixty days after the notification sent to the creditor.
Limits
- The rule applies exclusively to guarantees signed without a time limit.
- This sheet covers only the liability period after notification as per the cited legal provision.
- Subsequent changes in legislation should be verified directly from the official Planalto source.