The Banking Counter-Guarantee. Juridical Regime
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 independen...
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| Format: | Article |
| Language: | English |
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Danubius University
2009-06-01
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| Series: | EIRP Proceedings |
| Subjects: | |
| Online Access: | http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/355/332 |
| _version_ | 1811309758586552320 |
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| author | Postolache Rada |
| author_facet | Postolache Rada |
| author_sort | Postolache Rada |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-04-13T09:47:50Z |
| format | Article |
| id | doaj.art-ac47b6fa4b5e47358d8185646e0265f4 |
| institution | Directory Open Access Journal |
| issn | 2067-9211 |
| language | English |
| last_indexed | 2024-04-13T09:47:50Z |
| publishDate | 2009-06-01 |
| publisher | Danubius University |
| record_format | Article |
| series | EIRP Proceedings |
| spelling | doaj.art-ac47b6fa4b5e47358d8185646e0265f42022-12-22T02:51:42ZengDanubius UniversityEIRP Proceedings2067-92112009-06-01416976The Banking Counter-Guarantee. Juridical RegimePostolache RadaNot 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.http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/355/332autonomus guaranteeeffects of the counter-guaranteeapplicable lawfraudulent use |
| spellingShingle | Postolache Rada The Banking Counter-Guarantee. Juridical Regime EIRP Proceedings autonomus guarantee effects of the counter-guarantee applicable law fraudulent use |
| title | The Banking Counter-Guarantee. Juridical Regime |
| title_full | The Banking Counter-Guarantee. Juridical Regime |
| title_fullStr | The Banking Counter-Guarantee. Juridical Regime |
| title_full_unstemmed | The Banking Counter-Guarantee. Juridical Regime |
| title_short | The Banking Counter-Guarantee. Juridical Regime |
| title_sort | banking counter guarantee juridical regime |
| topic | autonomus guarantee effects of the counter-guarantee applicable law fraudulent use |
| url | http://www.proceedings.univ-danubius.ro/index.php/eirp/article/view/355/332 |
| work_keys_str_mv | AT postolacherada thebankingcounterguaranteejuridicalregime AT postolacherada bankingcounterguaranteejuridicalregime |