EIRP Proceedings, Vol 4 (2009)

Abstract

Not so much studied by the specialised literature, the banking counter-guarantee may be confounded with the other types of guarantee which frequently go with the guaranteed obligation - simple guarantee, collateral guarantee, the confirmation of the guarantee. The counter-guarantee may be an independent or accessory obligation, as the case may be, exclusively governed by its text, according to the parties' will. At the same time, it is a complex juridical act, a contract whose contents cannot be set apart from the contracts connected form an "economic" point of view. The counter-guarantee is the result of the banking practice and is generated by the need to make amends for the flaws generated by the direct guarantee. The present research is focused on the analysis of the banking practice, normative acts, jurisprudence and banking juridical literature.