THE REGIME OF THE LETTER OF GUARANTEE UNDER THE ROMANIAN LEGISLATION AND INTERNATIONAL LEGAL PROVISIONS

The letter of guarantee is widely utilized in the international trade relations and its regime was regulated through three publications issued by the International Chamber of Commerce from Paris (Publication no.325, Publication no.458 and Publication no. 758); at the same time, it is well known th...

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Main Author: Florin CONSTANTINESCU
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2018-05-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=2_private_law%2F&download=CKS_2018_private_law_007.pdf
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author Florin CONSTANTINESCU
author_facet Florin CONSTANTINESCU
author_sort Florin CONSTANTINESCU
collection DOAJ
description The letter of guarantee is widely utilized in the international trade relations and its regime was regulated through three publications issued by the International Chamber of Commerce from Paris (Publication no.325, Publication no.458 and Publication no. 758); at the same time, it is well known that some of the European countries (and not only) enacted internal laws with regard to the letter of guarantee. The putting into operation of the domestic and international provisions in the field of the letter of guarantee has generated miscorrelations and/or legal conflicts mostly settled by decisions issued by the Courts of Law or by uniform practices accepted by the players from market. The present article aims at providing a legal analysis of the letter of guarantee taking into consideration mainly the legal traits, the types of the letters of guarantee, the modalities of issuance and utilization, the publicity, the assignment of the receivables deriving from the letter of guarantee. Also one of the envisaged scope is to submit proposals to amend the current legislation for the large benefit of the business community, legal professionals or theoreticians.
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spelling doaj.art-b54988ea69ee482c81de0ff88a92c1512022-12-21T21:56:10ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962018-05-0112-223227THE REGIME OF THE LETTER OF GUARANTEE UNDER THE ROMANIAN LEGISLATION AND INTERNATIONAL LEGAL PROVISIONSFlorin CONSTANTINESCU0PhD Candidate, Faculty of Law, "Nicolae Titulescu" University, Bucharest (e-mail: florinconstantinescu110@hotmail.com)The letter of guarantee is widely utilized in the international trade relations and its regime was regulated through three publications issued by the International Chamber of Commerce from Paris (Publication no.325, Publication no.458 and Publication no. 758); at the same time, it is well known that some of the European countries (and not only) enacted internal laws with regard to the letter of guarantee. The putting into operation of the domestic and international provisions in the field of the letter of guarantee has generated miscorrelations and/or legal conflicts mostly settled by decisions issued by the Courts of Law or by uniform practices accepted by the players from market. The present article aims at providing a legal analysis of the letter of guarantee taking into consideration mainly the legal traits, the types of the letters of guarantee, the modalities of issuance and utilization, the publicity, the assignment of the receivables deriving from the letter of guarantee. Also one of the envisaged scope is to submit proposals to amend the current legislation for the large benefit of the business community, legal professionals or theoreticians.http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=2_private_law%2F&download=CKS_2018_private_law_007.pdfLetter of GuaranteeMortgageReceivablesAssignmentTrade FinanceJoint-Stock CompanyLimited Liability Company
spellingShingle Florin CONSTANTINESCU
THE REGIME OF THE LETTER OF GUARANTEE UNDER THE ROMANIAN LEGISLATION AND INTERNATIONAL LEGAL PROVISIONS
Challenges of the Knowledge Society
Letter of Guarantee
Mortgage
Receivables
Assignment
Trade Finance
Joint-Stock Company
Limited Liability Company
title THE REGIME OF THE LETTER OF GUARANTEE UNDER THE ROMANIAN LEGISLATION AND INTERNATIONAL LEGAL PROVISIONS
title_full THE REGIME OF THE LETTER OF GUARANTEE UNDER THE ROMANIAN LEGISLATION AND INTERNATIONAL LEGAL PROVISIONS
title_fullStr THE REGIME OF THE LETTER OF GUARANTEE UNDER THE ROMANIAN LEGISLATION AND INTERNATIONAL LEGAL PROVISIONS
title_full_unstemmed THE REGIME OF THE LETTER OF GUARANTEE UNDER THE ROMANIAN LEGISLATION AND INTERNATIONAL LEGAL PROVISIONS
title_short THE REGIME OF THE LETTER OF GUARANTEE UNDER THE ROMANIAN LEGISLATION AND INTERNATIONAL LEGAL PROVISIONS
title_sort regime of the letter of guarantee under the romanian legislation and international legal provisions
topic Letter of Guarantee
Mortgage
Receivables
Assignment
Trade Finance
Joint-Stock Company
Limited Liability Company
url http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=2_private_law%2F&download=CKS_2018_private_law_007.pdf
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