Bank guarantee in Serbian and European legal systems

The paper analyses a bank guarantee as an institute derived from a surety contract. By issuing a bank guarantee the bank commits to the creditor that it will fulfill valid and due liabilities of a debtor, in the event of default by the debtor. This collateral demonstrates significant advantages as c...

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Main Author: Pajtić Bojan L.
Format: Article
Language:English
Published: University of Novi Sad, Faculty of Law 2015-01-01
Series:Zbornik Radova: Pravni Fakultet u Novom Sadu
Subjects:
Online Access:http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2015/0550-21791503127P.pdf
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spelling doaj-160083bdff2a444897de2be5eef21ed82020-11-25T01:55:08ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552015-01-014931127113410.5937/zrpfns49-99050550-21791503127PBank guarantee in Serbian and European legal systemsPajtić Bojan L.0University of Novi Sad, Faculty of Law, Novi Sad, SerbiaThe paper analyses a bank guarantee as an institute derived from a surety contract. By issuing a bank guarantee the bank commits to the creditor that it will fulfill valid and due liabilities of a debtor, in the event of default by the debtor. This collateral demonstrates significant advantages as compared to other personal assets, particularly with regards to a higher level of protection to creditors in contractual relations. Due to the aforementioned benefit the institute has been increasingly applied in legal dealings, both in our and other legal systems. In the paper, I will point out normative solutions in terms of regulation of a bank guarantee as a specific legal activity in which there is no accessoriness, which is not the case with security. This research particularly focuses on the comparative legal analysis of this collateral.http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2015/0550-21791503127P.pdfbank guaranteesecuritysecuring the claims
collection DOAJ
language English
format Article
sources DOAJ
author Pajtić Bojan L.
spellingShingle Pajtić Bojan L.
Bank guarantee in Serbian and European legal systems
Zbornik Radova: Pravni Fakultet u Novom Sadu
bank guarantee
security
securing the claims
author_facet Pajtić Bojan L.
author_sort Pajtić Bojan L.
title Bank guarantee in Serbian and European legal systems
title_short Bank guarantee in Serbian and European legal systems
title_full Bank guarantee in Serbian and European legal systems
title_fullStr Bank guarantee in Serbian and European legal systems
title_full_unstemmed Bank guarantee in Serbian and European legal systems
title_sort bank guarantee in serbian and european legal systems
publisher University of Novi Sad, Faculty of Law
series Zbornik Radova: Pravni Fakultet u Novom Sadu
issn 0550-2179
2406-1255
publishDate 2015-01-01
description The paper analyses a bank guarantee as an institute derived from a surety contract. By issuing a bank guarantee the bank commits to the creditor that it will fulfill valid and due liabilities of a debtor, in the event of default by the debtor. This collateral demonstrates significant advantages as compared to other personal assets, particularly with regards to a higher level of protection to creditors in contractual relations. Due to the aforementioned benefit the institute has been increasingly applied in legal dealings, both in our and other legal systems. In the paper, I will point out normative solutions in terms of regulation of a bank guarantee as a specific legal activity in which there is no accessoriness, which is not the case with security. This research particularly focuses on the comparative legal analysis of this collateral.
topic bank guarantee
security
securing the claims
url http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2015/0550-21791503127P.pdf
work_keys_str_mv AT pajticbojanl bankguaranteeinserbianandeuropeanlegalsystems
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