| Abstract [eng] |
In this Master work was consider a guarantee as an obligation enforcement method which is a relatively recent phenomenon in the law, but is very often used, in particular economic hardship junction. As shown by the analysis of concepts, there were obvious differences in the definition of a guarantee, but it retains its essence and serves as a measure of guarantee to fulfill the obligation. Moreover, the freedom of contract policy allows safeguards institute fully modified. Comparison of continental and common law analysis showed that the Lithuanian national law do not have the authority to issue such guarantees as a mutual guarantee institutions, NGOs, private security agencies. However, the main guarantees of the issuing entity still remains the banks, which guarantees mainly used in international trade and serves as collateral, and as the legal tender, its sense being perhaps the most reliable. Interview with UniCredit Banker, the Bank Guarantee specialist revealed that most problems arise Lithuania to issuing a guarantee as in the common legal system - after the issuing this type of security. It is necessary to mention guarantees issued by individuals as in the face of economic hardship they are also becoming frequent security mechanism in civil-commercial matters. However, the problem was caused by the primary obligation to the creditor when the debtor and the guarantor goes bankruptcy. It appears that the creditor has the greatest potential the obligation to be fulfilled of the guarantor in case of bankruptcy, where the creditor may require to meet the obligation to immediately terminate the contract or to replace it, requiring a new, reliable guarantor. No less debate causing the problem of unfair guarantee has revealed that its unanimous resolution model in the European Civil Code will need to wait a long time because there are two different theories in Europe: German and English which accords the principles of proportionality and fairness guarantees, therefore, the unanimous opinion and practice, it would be difficult to establish. Finally, there was showed that the difference between surety and guarantee is only in a legal standpoint. Parties in their agreement may use one, or the second best provision of the Institute approaching to the prevailing view in international law, where the difference between a guarantee and surety often not readable. |
