name
Kaunov Aleksandr Mihailovich
Scholastic degree
—
Academic rank
—
Honorary rank
—
Organization, job position
• Kuban State Agrarian University
Research interests
гражданское право (договорное право, обязательственное право), гражданское процессуальное право
Web site url
—
Current rating (overall rating of articles)
0
TOP5 co-authors
Articles count: 1
Сформировать список работ, опубликованных в Научном журнале КубГАУ
-
ENSURING FULFILLMENT OF OBLIGATIONS BY MEANS OF GUARANTEE: FROM BANKING TO INDEPENDENT
Description
Russian civil legislation contains a list of ways in which the parties to the transaction have the ability to enforce the commitments. These methods form an important institute of the Russian law of obligations. For a lender, ensuring the fulfillment of the obligation is an additional guarantee that the commitment made by the debtor of his obligation will be fulfilled properly in accordance with the terms of agreement between them. In this article we will focus on independent guarantee – one of civil-law ways of ensuring the fulfillment of the obligations which differs from the others. The independent guarantee is not new to the domestic civil law. Thus a bank guarantee, familiar to the Russian law, have transformed. Having made a comparative legal analysis of the characteristics of a warranty considering significant changes in liability law norms, the authors explore the legal nature of the independent guarantee, define its place in the system of the ways of ensuring the fulfillment of obligations, analyze the feasibility and effectiveness of the implementation of the warranty in practice, focus attention on the discussion of theoretical questions, and name problems that law enforcers may face in ensuring the fulfillment of obligations by means of the independent guarantee
pdf 175.537kb
doc 175.537kb