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HCCJ. The consequences of emitting a letter of bank guarantee

The High Court of Cassation and Justice has ruled that the emission of a letter of bank guarantee has as consequence the assumption of a new obligation of payment according to the stipulated conditions, obligation which is distinct and independent of the principal obligation, which binds the guarantor only regarding the object stipulated in its content. In a particular case, the High Court has stated that the guarantor has assumed not the obligation to support the obligations of the debtor-tenant resulting from the lease agreement, but only the obligation of emitting a letter of bank guarantee regarding a certain amount of money and only to guarantee the obligations of the tenant during the signing date of the contract until the moment of the rendering the space to the tenant, obligation which the guarantor has fulfilled. As a result, the lessor has not regarding the guarantor a right in the matter of the debtor’s obligations, right which could be enforced using the oblique action. (Decision no. 3969 from 11th December  2014 ruled in recourse by the Second Civil Section of the High Court of Cassation and Justice having as object pretensions)

:: The source: JURIDICE.ro

Raluca-Andreea TRÎNCĂ-GĂVAN

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