Actual problems of the Institute of surety Cover Image

Актуальные проблемы института поручительства
Actual problems of the Institute of surety

Author(s): Irina Cvetkova
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Baltijas Starptautiskā akadēmija
Keywords: accessory obligations; guarantee; regress;

Summary/Abstract: To date the issue of the concept of responsibility among scientists-civilians appears to be debatable. Guarantee as a means of security known as early as the Roman law has not been essentially revised by modern science, despite the development of the civil-law regulation applicable to such types of security as pledge and forfeit.Alongside with that the effective performance of legislation in the area of the civil law directly depends on the procedure and quality of discharge of obligations and adherence to the constitutional rights of the participants of legal relations.Within this framework the existence of miscellaneous approaches and guidelines for refinement of the procedure of the discharge of obligations is acceptable, effective and indispensable for science. Therefore developments in this field are unique.Nowadays guarantee as the accessory obligation faced a number of new problems related, in particular, to the initiation of guarantee, creditworthiness of the debtor, the procedure of payment collection from the guarantor, responsibility of the guarantor and equivalent protection of his rights, therefore the article is also of practical interest. The objective of the article is to analyze the concept of guarantee and the protection of the guarantor’s rights in civil legal relations, to determine the legal regulation and law enforcement deficiencies

  • Issue Year: 40/2016
  • Issue No: 1
  • Page Range: 48-58
  • Page Count: 11
  • Language: Russian