The Banking Counter-Guarantee. Juridical Regime

EIRP Proceedings

关键词: autonomus guarantee;    effects of the counter-guarantee;    applicable law;    fraudulent use;   

DOI  :  

来源: DOAJ

【 摘 要 】

Not so much studied by the specialised literature, the banking counter-guarantee may beconfounded with the other types of guarantee which frequently go with the guaranteed obligation –simple guarantee, collateral guarantee, the confirmation of the guarantee. The counter-guarantee may bean independent or accessory obligation, as the case may be, exclusively governed by its text, accordingto the parties’ will. At the same time, it is a complex juridical act, a contract whose contents cannot beset apart from the contracts connected form an “economic” point of view. The counter-guarantee is theresult of the banking practice and is generated by the need to make amends for the flaws generated bythe direct guarantee. The present research is focused on the analysis of the banking practice, normativeacts, jurisprudence and banking juridical literature.

【 授权许可】

Unknown