Indeed, as we have indicated previously, the creditor is assisted to claim the fulfilment of the payment obligation of different means of protection and defense, even coercive in its legitimate interest, as, for example, urge the implementation of debt, exercise the right of retention, etc also points out the aforesaid article that answers the debtor. A prima facie standard seems to indicate that the subject immediately responsible for the fulfilment of the obligation is the debtor – owner or guarantor-. And, indeed, it is so. The debtor, owner or guarantor, is the subject front to which the creditor will demand the fulfillment of the payment. However, this statement requires some clarification.
If you carefully read the Act we realize that also indicates that the debtor responds with all of its assets, present and future. That being the responsible subject the debtor, that is, responds debt with all their assets. Or, put another way, the responsible subject will always be the debtor, owner or guarantor and the object of liability will always be of the same heritage. By Therefore, on the basis of the above reasoning and leaving sitting the principle that the responsible subject is the debtor, the doctrine and the courts usually qualify this patrimonial universal responsibility such as personal responsibility, against real liability (in which the responsibility over specific property, regardless of personal ownership, for example, with the real rights of warranty – mortgages-. Therefore, usually, affirm that the patrimonial universal responsibility is, in addition to staff, heritage. To conclude this brief reflection on the article 1911del CC, we should point out one final aspect of the patrimonial universal responsibility. Its universal character. This note of universality acts in a dual position: to) Firstly, serves to clarify that it is all the assets of the debtor, including that of the guarantor, which potentially affect the responsibilities incurred by the owner can be found.