The correct use and the faulty use of the cheque as a payment instrument – The dangerous game of the guarantee cheque
The correct use and the faulty use of the cheque as a payment instrument – The dangerous game of the guarantee cheque

Summary/Abstract: The cheque frauds by means of which certain naive tradesmen get fooled while other inventive tradesmen get rich, use as an instrument the so called guarantee cheques. In fact, these cheques do not offer guarantees, and the tricks they pull with these instruments benefit of the “impunity guarantee”. The question that rises is, however – in our opinion, crucial for a correct qualification of the guarantee check: what guarantee does this cheque have to offer if it has no coverage? In such an instance, we find it obviously illusive to speak about guarantee, because it lacks thoroughly. Our jurisprudence, as well as the French one, is not unitary and in our case we can notice such diversity that the conviction or discharge, become results of the hazard.

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