Garanţiile autonome între tradiție și noutate legislativă
AUTONOMOUS GUARANTEES BETWEEN TRADITION AND LEGISLATIVE UPDATES

Summary/Abstract: Even in the absence of express provision in the Civil Code until November 2011, autonomous guarantees and in particular the letters of guarantee were an institution with a continuity character and were used by professionals in commercial trade as an instrument of guarantee upon request. By making use of the results and settlements of legal practices, the new Civil Code has brought a number of changes in the field of guarantees, materialized in institutional and terminological resets or in genuine legislative innovations. One of the aspects of a legislative innovation induced by the New Civil Code in matters of guarantees was the enactment of autonomous guarantees, introduced for the first time, as a new category of personal guarantees, representing modern forms of commercial liabilities guarantee.

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