Bail


It corresponds to the synonym of what is known as payment or guarantee, since it represents that which is delivered, be it money or some object of value, in advance to guarantee the fulfillment of a payment or acquired obligation, this with the objective of generating confidence and Demonstrate commitment to the cause.

Without a valid obligation, there can be no bond. In this sense, a bond has validity and existence requirements. Also, reasons why it can be extinguished, where the deposit is returned.

The term takes different uses and meanings, according to the area or science in which it is present, which is considered as “types of bonds”.

In the first place is the conventional bond, also known as a personal guarantee, which is part of a bond contract granted by mutual agreement between the guarantor and the creditor. In it, the guarantor guarantees the creditor the fulfillment of the obligation that the debtor has, committing to comply, in case the debtor cannot do it by himself. This type of bond, in turn, is subdivided into several types, such as: advance, compliance, good quality, compliance, among others.

This bond is regulated by civil law, which states that the relationship between the guarantor and the creditor is carried out through the debtor. Likewise, it specifies that the debtor and the guarantor are different persons, bound by the bond contract.

On the other hand, there is the commercial bond, which is granted by an authorized institution and is regulated by the treasury authority, in an onerous manner.

Also, there is the legal bond, which is imposed by law in order to ensure compliance with an obligation.

Finally, there is the judicial bond, granted by means of a judicial resolution.

There are those who express that legal and judicial bail are not possible to distinguish. However, it is clarified that all judicial bail is therefore legal, but not all legal bail is judicial.

It should be noted that a bond can be free or onerous, where the guarantor does not receive any remuneration and in the other he does, respectively.

It is considered that the antecedent of what the bond currently represents is found in the civil bond, thus constituting the basis of all types of bonds.