БАНКОВАТА ГАРАНЦИЯ ПРЕЗ ПОГЛЕДА НА СЪДЕБНАТА ПРАКТИКА
THE BANK GUARANTEE TROUGH THE COURT PRACTICE
Author(s): Kamelia KassabovaSubject(s): Economy, Law, Constitution, Jurisprudence, Business Economy / Management
Published by: Софийски университет »Св. Климент Охридски«
Keywords: guarantor; issuer; beneficiary; expiry date; requirements for demand; demand guarantee; non complying demand; irrevocable guarantee; transferable guarantee; payment guarantee; tender guarantee;
Summary/Abstract: The article is a study of the bank guarantee regulation in the Bulgarian legislation and the Subsidiary Application of the Uniform Rules for Demand Guarantees 2010 revision, ICC Publication No. 758. The bank guarantee is considered as a complex of legal relations between the orderer, the issuer and the beneficiary. Explained is the importance of the bank guarantee as a document and a unilateral transaction of the issuing bank. The emphasis is on the payment of the bank guarantee and the right of objection by the issuing bank. The specific features of the individual types of bank guarantees are analyzed. A distinction has been made between the letter of credit as a form of payment and the bank guarantee as a form of security. The whole article contains a critical analysis of existing national court practice (case law).
Journal: Годишник на Стопанския факултет на СУ „Св. Климент Охридски“
- Issue Year: 18/2020
- Issue No: 1
- Page Range: 159-175
- Page Count: 17
- Language: Bulgarian