Obligaciones de garantía en el derecho contemporáneo.

In contemporary law it is necessary to reconstruct a solid category of "performance" as a presupposition of the debtor's responsibility, which overcomes the narrow conception of performance as mere conduct.In this context, it is relevant to study the guarantee benefits that do not fit into the classic division of benefits of giving and doing, but that do not mean that they are foreign to our legal tradition. Indeed, the concept of provision is influenced by the praestare of Roman law, present in contemporary law, although it is not codified. Roman law in which this category acquired the value of an autonomous type of service different from dare and facere.

The dynamic relationships of current law require greater flexibility, which is reflected in the types of provision and, therefore, in the determination of the content and extent of compliance with obligations, in the case of obligations that guarantee a result without assessing the behavior of the debtor. Panorama in which it is worth noting that the current tendency to classify benefits into "means" and "results" has limited the richness and understanding of the content of the benefit.

 Hence, the intention of this text is to recover the usefulness of the category of praestare as a precedent for guarantee benefits, as well as to contribute to defining its content and delineating its limits.