Analysis of the legal and actual situation of a guarantor – selected issues Cover Image

Analiza prawnej i faktycznej sytuacji poręczyciela – wybrane zagadnienia
Analysis of the legal and actual situation of a guarantor – selected issues

Author(s): Łukasz Jurek, Rafał Maciąg
Subject(s): Civil Law, Sociology of Law
Published by: Uniwersytet Adama Mickiewicza
Keywords: guarantor; surety; confidence; social values; Polish Civil Code;

Summary/Abstract: This paper highlights the issues arising from an obligation such as surety. Under the provisions of the Polish Civil Code, the legal position of a guarantor is closely related to non-legal factors. The ambiguity and uncertainty of the status of a guarantor are even greater due to the variability in time of the normative construction of a surety. Therefore, in addition to the measures available in law, a certain counterweight, such as the general public values, is necessary to address this state of affairs. The most widely understood trust, being the necessary condition for the proper development of a modern democratic state of law, may undoubtedly play that role.

  • Issue Year: 2012
  • Issue No: 1
  • Page Range: 49-58
  • Page Count: 10
  • Language: Polish