Saturday, January 24, 2015

A guarantor may invoke the defenses against the creditor

What is the guarantee? | Ius Optima
In one of the articles I presented the loan agreement, catering menu which is the time of recession is very topical. However, the conclusion of loan agreements pose a risk, therefore I will in this article introduced the guarantee as a form of insurance liabilities. So you can predict the strengths and weaknesses of the guarantee. Of course, it is always necessary mutual agreement of the parties catering menu to a contract in which the insurance arrangements.
The guarantee catering menu shall be governed by the Code of Obligations (hereinafter referred to as OZ) in section 29 (Articles 1012 to 1034). A guarantee is a form of consolidation of commitments and insurance obligations between creditor and debtor, who has been concluded between the creditor and the guarantor of surety agreement. In the conclusion of the surety agreement does not require the cooperation of the debtor. catering menu The surety agreement, the creditor against the guarantor undertakes to meet the current and overdue debtor's obligation, if that would not do. In relation to the creditor and the debtor by two principal debtor under the contract, which is secured by a surety and guarantor under the guarantee statement surety agreement.
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The surety agreement catering menu shall be contained guarantee statement is valid if it is made in writing. The written form of the condition is primarily to protect marriage against hasty action to assume the obligations of the guarantee. The statement must be a commitment that the guarantor will fulfill catering menu the obligation of the principal debtor and the essential modelitete liabilities (liabilities content, maturity).
The obligation of the guarantor's liability is limited to the amount of the principal debtor if it is agreed that greater decreases in the rate of the debt obligation. The provision of a reduction in the amount of the debt obligation is peremptory and can not be changed catering menu by the contractual agreement. A guarantor is responsible for the fulfillment of the obligations whole, catering menu which is a guarantee. Alternatively, its liability is limited to a small part of what liability or otherwise linked to easier conditions. The guarantor must reimburse the necessary costs incurred by the creditor to recover the debt from the debtor. Also, the guarantor is responsible for the increase in liabilities resulting from the debtor or the debtor's delay fault, unless agreed otherwise.
A creditor may require the guarantor meet its obligations catering menu only after the principal debtor fails to comply within the time specified in the written request. The nature of the guarantee is subsidiary, which means that the guarantor is liable to pay the obligation only when it is not paid by the debtor. The Guarantor has the opportunity to contest the creditor should first requires the fulfillment of the obligations catering menu of the principal debtor, and then him. If the creditor waive this obligation may be the guarantor of freedom of their responsibilities. However, the creditor may require catering menu the guarantor meet its obligations, even though it has not previously requested from the debtor, if it is obvious that the assets of the debtor can not be attained its fulfillment, or if the principal debtor come into bankruptcy. A guarantor may undertake to be liable as guarantor and payer. In this case, be responsible for liability as a debtor and the creditor may be required to comply with it either from the principal debtor or the guarantor, or of both at the same time. This is a joint and several guarantee, where the debtor and guarantor liability in uniform and here weddings online casinos no objection to the creditor first required catering menu to meet the obligations of the principal debtor.
A guarantor may invoke the defenses against the creditor's claim in the same way as you would object to the debtor. Thus, the objections limitation, the objection of set-off and the other does as well as personal debtor's objections (nullity and limitation of the loan agreement, etc.). A guarantor may exercise their personal objections, such as the nullity of the guarantee statement, the statute of limitations creditor's claim against him, the objection of set-off mutual debts, etc.
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fulfillment of the requirements of the principal debtor. When the term

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