surety


The contract of guarantee is not agreement between the debtor and guarantor, and the agreement between the lender and the guarantor. The guarantor undertakes no obligation to the debtor and the creditor of the debtor responsible for the execution of his duty. The law does not require the consent of the debtor to assume the guarantee. The judges are adamant that in any case the contract of guarantee should contain enough clear information on the subject of the principal obligation as the main transaction determines the operation of the guarantee. According to Art. 146 CPA guarantor who has performed the obligation shall assume the rights of the creditor. In this case he acquires the right to collect from the debtor what is paid against the same obligation to the creditor, taking advantage of collateral that had the last. Because the main feature of the contract surety of accessory contract under which a person is obliged to creditor third party responsible for implementing the obligation of the third person in the practice of SCC assumes that it is in the nature of a commercial transaction. The contract of guarantee is not agreement between the debtor and guarantor, and the agreement between the lender and the guarantor. The guarantor undertakes no obligation to the debtor and the creditor of the debtor responsible for the execution of his duty. The law does not require the consent of the debtor to assume the guarantee. The law does not preclude even the possibility of surety despite the disagreement of the debtor. Like any contract, and the contract surety must contain the necessary requisites Parties subject, agreed written form as a condition for its validity. In any case, surety agreements should contain enough clear information on the subject of the principal obligation as the main transaction determines the operation of the guarantee. The lack of specific evidence of actual liability of the third party to the creditor and the transaction giving rise to the obligation leads to uncertainty and subject of the contract surety, whose main purpose is to ensure the implementation of principal debt and therefore there must be clarity on the benefit of the customer, which must be predetermined and known. Where such data in the contract surety missing, this is the reason for its ineffectiveness.

Subrogation to the rights of the creditor

 

If the obligation existed, it [the guarantor] gets recourse against the debtor for everything paid with legal interest from the date of payment. Failure to notify the debtor retains only objections against the creditor - just them he may oppose the platinum sponsor. The debtor does not receive any rights against the guarantor because not informed. According to Art. 138, para. 1 LOC, the guarantor undertakes to a creditor to another person is responsible for the execution of his duty, so the guarantor is responsible for its own relationship with the creditor and pays its own rather than foreign debt. Guarantor who pays the debt, acquire claims against the debtor. In partial fulfillment regress rights of the customer will not be in full volume. Regression making the customer against the debtor of senior debt arises with the first payment. From that point it becomes a creditor of the debtor on an individual basis for its claim. Making customer differs from the making of the original creditor as its reason and time of the occurrence, in some cases, and size. It always has as its basis the implementation of foreign debt.



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