Abstract: Fidejussion is a legal institution currently used mainly in banking, but not only. The consequences of the renunciation by the fidejussor for the lawful claim of a surety for a preliminary distraint upon the principal debtor may be drastic for the fidejussor, as will be seen from the case under consideration. Business practice requires a rethinking of the fidejussion as a legal institution.
Keywords: fidejussion; fidejussor; principal debtor; right of recourse; damages.