Legal effects of the fraud originating from the co-surety on the validity of the surety contract and/or the rights of the surety: The victim of the fraud
In case a surety concludes a contract due to fraudulent acts of his co-surety, he may find himself in a rather unenviable position. Remedies for his protection are very limiting. Namely, third parties' fraud only exceptionally leads to the annulment of the contract: if the contracting party is...
Main Author: | |
---|---|
Format: | Article |
Language: | English |
Published: |
University of Belgrade, Faculty of Law, Belgrade, Serbia
2020-01-01
|
Series: | Anali Pravnog Fakulteta u Beogradu |
Subjects: | |
Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2020/0003-25652001126D.pdf |
_version_ | 1818352351590744064 |
---|---|
author | Dabić Snežana |
author_facet | Dabić Snežana |
author_sort | Dabić Snežana |
collection | DOAJ |
description | In case a surety concludes a contract due to fraudulent acts of his co-surety, he may find himself in a rather unenviable position. Remedies for his protection are very limiting. Namely, third parties' fraud only exceptionally leads to the annulment of the contract: if the contracting party is guilty of fraud; or the contract is gratuitous, which is very questionable for surety contract. The chances for annulment are even fewer if we apply the rules of mistake: mistake as to the debtor solvency represents a mistake as to the motif which is only exceptionally legally relevant. Finally, the right to ask damages from co-surety can also be of limited nature: firstly, there is a risk that the damages cannot be compensated; secondly, an absurd situation may occur that the victim of the fraud cannot reject the contribution claim from the co-surety but he may later on ask damages from him. |
first_indexed | 2024-12-13T18:52:15Z |
format | Article |
id | doaj.art-981a16a0889346019d9c2b536fd10fd8 |
institution | Directory Open Access Journal |
issn | 0003-2565 2406-2693 |
language | English |
last_indexed | 2024-12-13T18:52:15Z |
publishDate | 2020-01-01 |
publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
record_format | Article |
series | Anali Pravnog Fakulteta u Beogradu |
spelling | doaj.art-981a16a0889346019d9c2b536fd10fd82022-12-21T23:34:55ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932020-01-0168112614510.5937/AnaliPFB2001128D0003-25652001126DLegal effects of the fraud originating from the co-surety on the validity of the surety contract and/or the rights of the surety: The victim of the fraudDabić Snežana0Univerzitet u Beogradu, Pravni fakultet, SerbiaIn case a surety concludes a contract due to fraudulent acts of his co-surety, he may find himself in a rather unenviable position. Remedies for his protection are very limiting. Namely, third parties' fraud only exceptionally leads to the annulment of the contract: if the contracting party is guilty of fraud; or the contract is gratuitous, which is very questionable for surety contract. The chances for annulment are even fewer if we apply the rules of mistake: mistake as to the debtor solvency represents a mistake as to the motif which is only exceptionally legally relevant. Finally, the right to ask damages from co-surety can also be of limited nature: firstly, there is a risk that the damages cannot be compensated; secondly, an absurd situation may occur that the victim of the fraud cannot reject the contribution claim from the co-surety but he may later on ask damages from him.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2020/0003-25652001126D.pdfsuretyvalidity of the contractthird party's fraudmistake as to the solvency of the debtorthe relation between co-sureties |
spellingShingle | Dabić Snežana Legal effects of the fraud originating from the co-surety on the validity of the surety contract and/or the rights of the surety: The victim of the fraud Anali Pravnog Fakulteta u Beogradu surety validity of the contract third party's fraud mistake as to the solvency of the debtor the relation between co-sureties |
title | Legal effects of the fraud originating from the co-surety on the validity of the surety contract and/or the rights of the surety: The victim of the fraud |
title_full | Legal effects of the fraud originating from the co-surety on the validity of the surety contract and/or the rights of the surety: The victim of the fraud |
title_fullStr | Legal effects of the fraud originating from the co-surety on the validity of the surety contract and/or the rights of the surety: The victim of the fraud |
title_full_unstemmed | Legal effects of the fraud originating from the co-surety on the validity of the surety contract and/or the rights of the surety: The victim of the fraud |
title_short | Legal effects of the fraud originating from the co-surety on the validity of the surety contract and/or the rights of the surety: The victim of the fraud |
title_sort | legal effects of the fraud originating from the co surety on the validity of the surety contract and or the rights of the surety the victim of the fraud |
topic | surety validity of the contract third party's fraud mistake as to the solvency of the debtor the relation between co-sureties |
url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2020/0003-25652001126D.pdf |
work_keys_str_mv | AT dabicsnezana legaleffectsofthefraudoriginatingfromthecosuretyonthevalidityofthesuretycontractandortherightsofthesuretythevictimofthefraud |