The guarantee has four main rights arising from its obligation to answer for the principal debtor`s debt or default. A guarantee is an additional guarantee for a principal obligation. This means that a guarantee is the main obligation. The guarantor, an insurer or a bank, promises the same benefit as the principal debtor. The purpose of a guarantee is therefore compliance with the obligation to the client. The surety is held only as part of the main obligation. For most warranty agreements, the guarantee is linked as a guarantee and co-indebtedness. This means that the collateral obligations correspond to those of the principal debtor and that the guarantee is jointly liable to the creditor. A creditor can bring an action directly against the co-debtor without having to complain first by the principal debtor. A guarantor who promises to act or pay in case of delay of another: a guarantor. is the one who promises to pay or honour an obligation owed by the principal debtorThe person whose debt is guaranteed by a right of guarantee and, strictly speaking, the right to guarantee is primarily responsible for the debt: the creditor may demand payment of the guarantee when the debt is due. The creditor is the person to whom the principal debtor (and, strictly speaking, the guarantor) owes an obligation. Very often, the creditor first requires that the debtor put in place guarantees to secure the debt and that the debtor also put in place a guarantee to ensure that the creditor pays or pays the benefit.
David Debtor, for example, wants the bank to lend $100,000 $US to his company, David Debtor, Inc. The bank says, “Okay, Mr. Debtor, we`re going to lend money to the company, but we want its computer equipment as collateral, and we want you to personally guarantee the debts if the company can`t pay.” However, sometimes the surety and the principal debtor cannot agree with each other; the guarantee could have reached an agreement with the creditor to act as collateral without the agreement or knowledge of the principal debtor. When the beneficiary of the guarantee must pay the creditor because the client has become insolvent, the client is required to repay the guarantee. The amount to be repaid includes reasonable and good faith expenses of the guarantee, including interest and legal fees. The Hammurabi code, written around 1790 BC, contains the first known mention of security in a written code. [Citation required] The guarantee is most common in contracts where a party challenges the counterparty`s ability in the contract to meet all requirements. The party may require the other party to apply a bond in order to reduce the risk, with the surety terminating a surety contract. The objective is to reduce the risk to the lender, which in turn could reduce the borrower`s interest rates. A guarantee can take the form of a “safe link.” As a general rule, the guarantor may object to a contract that would have been available to the principal debtor (for example. B violation of the creditor; The impossibility or illegality of the benefit; fraud, coercion or misrepresentation by creditors; Prescription Refusal of the lender to accept the debtor`s offer or benefit or guarantee) In addition, the guarantee has some own defenses.