Novi obliki zavarovanja obveznosti v našem prostoru : nebančna garancija in poroštvo na prvi poziv

slovenian

2015

volume 41, issue 8

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

In Slovenian law, suretyship is a strictly accessory form of securing claims, while bank guarantee on first demand, the most common type of guarantee in business practice, is of a non-accessory nature, meaning that the bank's obligation is independent of the existence of the secured claim. Business practice has experienced the need for the possibility of non-banking entities to provide independent security with the possibility of redemption at the first request without objection. Independent non-banking guarantee and suretyship on first demand are two such instruments that have evolved in comparative jurisdictions. The article discusses the reasons for and against the recognition of these two forms of securing of claims in Slovenian law. It concludes that both instruments are legally feasible, whereby non-banking guarantee is non-accessory while suretyship on first demand has only limited accessoriness. In both instances, certain restrictions are to be applied within relationships with weaker parties.

19.01.2017