שטוטאקוי, אתר מאמרים אישי

The debts of a surety depend on those of the principal debtor, and if the principal debtor`s obligations also waive the bonds of the bond[7], unless the relief of the principal debtor is carried out by the application of the law. [8] The secondary nature of the security liability, as well as the fact that the guarantee is a contract to respond to late payments, debts or miscarriages; the guarantee differs decisively from the compensation. [9] If, for example.B. a person mistakenly considers a person to be liable to him and a guarantee is given on that erroneous basis, the guarantee is not valid under contract law because its constitution (which was responsible) has failed. [10] The most productive reason for firing a guarantor is usually the result of the creditor`s conduct. The principle of the rule is that if the creditor violates all the rights that the creditor held when he received the guarantee, while the damage is only nominal, the guarantee cannot be implemented. Guarantee relief may be made (1) by a change in the terms of the contract between the creditor and the principal debtor or between the creditor and the surety company; [74] (2) by the assumption of a new guarantee by the principal debtor instead of the original debtor; (3) by the creditor who releases the principal debtor from liability; (4) by the creditor who undertakes to give the principal debtor the time necessary to pay the secured debt; or (5) by loss of securities received by the creditor in respect of secured debt. The first four of these acts are collectively referred to as “innovation.” In general, the main obligation necessarily determines that of the guarantee, not only in England, but also elsewhere. [75] According to most civil codes, the guarantee is discharged by the creditor`s conduct, which is incompatible with the guarantee rights,[76] although the rule in England, Scotland, America and India exempts the guarantee of liability if the creditor extends the time to complete the principal debt without the creditor`s agreement. , while it is recognized by two existing civil codes,[77] is rejected by the majority of them.

[78] The revocation of the parties` bond contract by deed or, in some cases, the death of the guarantee, may also be used to lighten the guarantee.