The guarantor in the natural persons’ insolvency proceedings Cover Image

Galvinieks fiziskās personas maksātnespējas procesā
The guarantor in the natural persons’ insolvency proceedings

Author(s): Liga Kigule
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Baltijas Starptautiskā akadēmija
Keywords: the guarantor; guarantee; insolvency proceedings; repayment; additional (private) obligation; the guarantor’s rights of recourse;

Summary/Abstract: The article “The guarantor in the natural persons’ insolvency proceedings” reflects two contradictory views currently common among the lawyers in the Latvian judicial practice whether in case the debtor (natural person), having fnished the insolvency proceedings, is released from obligations against the creditor,and at the same time the claim of the creditor against warrantor from the next to the claim become as an independent claim or not?In the article “The guarantor in the natural persons’ insolvency proceedings” the author analyses at the current judicial practice and publications relating to guarantee obligation in the natural persons’ insolvency proceedings, the purpose of the guarantee, guarantee obligation as the next to the claim’s nature, the guarantor’s rights of recourse and other issues. At the end of the article the author draws some conclusions.In the course of development of an article laws and regulations, the press, judicial practice materials, internet resources, unpublished material were used.

  • Issue Year: 46/2017
  • Issue No: 3
  • Page Range: 61-68
  • Page Count: 8
  • Language: Latvian