It is undeniable that debt is one of the biggest social problems in the history of humanity. This problem is observed and dealt with by all the civilizations that have occupied and still occupy the planet, even the books considered sacred by many deal with the subject, which demonstrates that we are facing a problem that has existed since the world has been around.
In ancient Rome it was common for debtors and their families to become slaves to their creditors until the debt was paid off, and in some cases the creditor could go to the extreme point of taking the debtor's life[ 1 ]. And so it was for many years until the advent of the Lex Poetelia Papiria in 326 BC, where the possibility of executing the debtor[ 2 ] in Rome was revoked, however, his assets would be responsible for the existing debt.
In all evidence, humanity's civilizing process B2B Lead could never coexist with such barbarity. This historical and cultural evolution of society understood that the greatest good of human beings is their life and freedom. However, the debt problem still prevailed, which led ancient civilizations to the next step in search of a solution to the issue.
It was necessary for the creditor to have a guarantee that effectively assured him of receiving his credit. A real guarantee (literally) was needed. The personal guarantee (guarantee) was no longer enough to bring this comfort to the creditor, something more was needed and, in this context, the first real guarantees emerged in ancient Rome, where the debtor's assets would respond in full until the satisfaction of the debit.
In Brazil, the Roman concepts of personal and real guarantees are in force, the latter having the objective of granting the creditor a privilege (completely lawful, it must be said) in receiving his credit. And here it is important to clarify that both types of guarantee arise from an agreement between the interested parties (creditor and debtor), resulting in a perfect legal act that even enjoys constitutional protection[ 3 ].
This is important to say that, once the guarantee is established in a formal contract signed between the interested parties and, provided that, covered by all legal formalities, such contract can never be revoked before its purpose has been verified, namely, the fulfillment of the obligation guaranteed.
The Brazilian Code of Civil Procedure established as a general rule that the debtor responds with all his present and future assets to fulfill his obligations, except for the restrictions established by law [ 4 ]. This implies that failure to comply with contractually assumed obligations may result in the debtor being held liable for the debt to be satisfied. Therefore, once a contract has been signed with a guarantee clause, whether personal or real, the debtor is obliged to pay off the debt to the creditor, under penalty of having to respond with his assets, especially that given as real guarantee.
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