| Abstract [eng] |
Suretyship is a traditional way of guarantee that someone’s duties shall be fulfilled; the method has been known since the Roman date. In the period of financial crisis, the number of court proceedings related to loans, many of which were guaranteed by suretyship, increased, and thus suretyship as such has become essentially relevant. Therefore, it is important to perceive nature and essence of the way of guarantee appropriately. Considering the effects of Roman law on current legal regulation of suretyship, the work begins with review of suretyship as such in the Roman date. It is followed by revelation on how suretyship as a method to ensure fulfilment of duties is perceived by Lithuanian law. In order to understand the essence of suretyship better, it has been compared to similar institutions in civil law, like suretyship prohibition and guarantee. In the main part of the work the individual issues related to suretyship are analyzed. In each case legal regulation of the issue is discussed first, and then implementation of particular provisions in Lithuanian court practice as well as problems arising from legal relations established by signing suretyship agreements. This part of the paper also discusses most common suretyship subject related essentials of acknowledging a suretyship transaction invalid and suretyship agreement formalization issues. Much attention is paid on issues of sponsor liability; peculiarities of sponsor liability in case of debtor bankruptcy cause and liability of spouse as a sponsor are dealt with individually. Moreover, the work analyzes legal grounds for terminating suretyship as well as problems encountered in resolving suretyship termination issues. Last part of the work deals with situations when fulfilment of a duty is ensured using several methods of guarantee. |
