期刊名称:Constantin Brancusi University's Annals, Letters and Social Sciences Serie
印刷版ISSN:1844-6051
出版年度:2012
卷号:3
出版社:Academica Brancusi Publisher
摘要:The new Romanian Civil Code, valorising the results of judicial practice, especially of the banking and commercial practice and doctrine regulates the autonomous bank guarantees within personal guarantees along suretyship and indicates the letter of guarantee and the letter of comfort. Autonomous guarantees are different from suretyship mainly due to the fact that, just as their name indicates, they are autonomous (independent) unlike suretyship which is accessory, being basically regulated by the rule “,accesorium sequitur principalem” which generates specific effects. The regulation of personal guarantees is declaratory since art. 2279 Civil Code stipulates that: “personal guarantees are suretyship, autonomous guarantees and other guarantees provided by the law”.
关键词:personal guarantees; autonomous guarantees; letter of comfort.