Legal effects of the letter of guarantee according to the Civil Code (Law no. 287/2009, republished) Cover Image
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Efectele juridice ale scrisorii de garanție potrivit Codului civil (Legea nr. 287/2009, republicată)
Legal effects of the letter of guarantee according to the Civil Code (Law no. 287/2009, republished)

Author(s): Rada Postolache
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: letter of guarantee; execution upon request; abuse; apparent fraud; regress action.

Summary/Abstract: The letter of guarantee is regulated by the new Civil Code within the autonomous guarantees, together with the letter of comfort. It is an autonomous, unconditional and irrevocable legal deed. In the letter of guarantee, the issuer assumes its own obligation which in its relationship with the beneficiary at least, shall be main and autonomous – the payment of an amount of money upon the first simple request of the beneficiary, for the situation in which the result taken into account upon its assumption is not carried out. The execution of the letter of guarantee depends only on its own requirements and this is the criterion according to which it distinguishes basically from the deed of trust.

  • Issue Year: 2012
  • Issue No: 03
  • Page Range: 33-49
  • Page Count: 17
  • Language: Romanian
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