Precontractual duty to inform the surety
Sureties often claim that they have not been informed about the difficult financial situation of the principal debtor prior to the conclusion of the contract and that they have been the victims of a fraud. Usually, it is the debtor who is responsible for the fraud: he is interested in concealing or...
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| Format: | Article |
| Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2018-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651802220D.pdf |
| _version_ | 1818645468201091072 |
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| author | Dabić Snežana |
| author_facet | Dabić Snežana |
| author_sort | Dabić Snežana |
| collection | DOAJ |
| description | Sureties often claim that they have not been informed about the difficult financial situation of the principal debtor prior to the conclusion of the contract and that they have been the victims of a fraud. Usually, it is the debtor who is responsible for the fraud: he is interested in concealing or even improving his real financial situation. However, the surety contract is concluded between the surety and the creditor. Is the surety in a position to annul the contract if the deceit is practiced by a third party? On the other side, creditors (especially, banks) often possess the exact information about the financial capacity of the debtor: should they inform the surety about this? And what are the consequences if they do not? Can the surety ask for the annulment of the contract on the basis of creditor's non-disclosure?. |
| first_indexed | 2024-12-17T00:31:13Z |
| format | Article |
| id | doaj.art-2b74a6c52d014a56b839acebd28ed4a6 |
| institution | Directory Open Access Journal |
| issn | 0003-2565 2406-2693 |
| language | English |
| last_indexed | 2024-12-17T00:31:13Z |
| publishDate | 2018-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj.art-2b74a6c52d014a56b839acebd28ed4a62022-12-21T22:10:17ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932018-01-0166222024310.5937/AlaniPFB1802220D0003-25651802220DPrecontractual duty to inform the suretyDabić Snežana0Pravni fakultet Univerziteta u Beogradu, SerbiaSureties often claim that they have not been informed about the difficult financial situation of the principal debtor prior to the conclusion of the contract and that they have been the victims of a fraud. Usually, it is the debtor who is responsible for the fraud: he is interested in concealing or even improving his real financial situation. However, the surety contract is concluded between the surety and the creditor. Is the surety in a position to annul the contract if the deceit is practiced by a third party? On the other side, creditors (especially, banks) often possess the exact information about the financial capacity of the debtor: should they inform the surety about this? And what are the consequences if they do not? Can the surety ask for the annulment of the contract on the basis of creditor's non-disclosure?.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651802220D.pdfsuretyshipdefects of consentfraudduty to inform |
| spellingShingle | Dabić Snežana Precontractual duty to inform the surety Anali Pravnog Fakulteta u Beogradu suretyship defects of consent fraud duty to inform |
| title | Precontractual duty to inform the surety |
| title_full | Precontractual duty to inform the surety |
| title_fullStr | Precontractual duty to inform the surety |
| title_full_unstemmed | Precontractual duty to inform the surety |
| title_short | Precontractual duty to inform the surety |
| title_sort | precontractual duty to inform the surety |
| topic | suretyship defects of consent fraud duty to inform |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651802220D.pdf |
| work_keys_str_mv | AT dabicsnezana precontractualdutytoinformthesurety |