Angel Carrasco Perera
January 2024
Abstract: Neither Directive 2011/83 nor the Spanish Consumers and Users Act gave any reason to believe that a non-professional guarantor could not be considered a consumer or that, at least, the surety contract concluded with the obligee was not subject to the specific consumer regulations. This natural application of consumer law to the surety relationship was called for by the new concept of consumer assumed by Art. 3.1 LGDCU. No one then doubted that the regime of unfair terms, for example, or that of unfair commercial practices, were indisputably applicable to the bail bond relationship, whether or not the guarantor had received (almost always not) his own compensation paid by the financer for having requested the intercession of the consumer for another's debt.
