The party who guarantees guilt is designated as guarantor. One of the main reasons why creditors want the promise of a guarantee is to avoid the risk of bankruptcy of the main debtor: the bankruptcy of the debtor is certainly a defense against the debtor`s liability, but this defense cannot be used by the guarantor. The same applies to the debtor`s incapacity: this is a defence available to the principal debtor, but not to the guarantor. An ancillary agreement by which a person commits himself in whole or in part to another person already related to his debts, default or miscarriage. Read 5 min If the client proves to be insolvent, the purpose of the loan is considered indecent. Therefore, the guarantee of a loan is usually an insurance company whose solvency is verified by a private audit, state regulation or both. [Citation required] The guarantee is the guarantee of the debt of one party by another. A surety is an entity or person that assumes responsibility for paying the debt if the debtor`s policy is late or unable to make payments. Signing a bond contract is not always in the best interest of the co-signer, but the risks can be mitigated by proper preparation. European guarantees can be issued by banks and guarantee companies. When they are issued by banks, they are called “Bank Guaranties” in English and French as sureties, when they are issued by a guarantee company, they are called guarantees / bonds. They shall make cash payments up to the guarantee ceiling in the event of the contracting entity`s failure to maintain its obligations to the debtor, without reference from the debtor to the payer and against the debtor`s only verified declaration on the bank. [Citation required] Two or more guarantees that must be taken care of for the default of the principal and that must distribute among themselves the loss due to the default are called cosuretiesAn agreement in which two or more guarantee companies participate directly in a loan.
A guarantor who pays more than his proportionate share at the time of honouring his own obligation to the creditor is entitled to the contributionThe division of a loss or payment by two or more persons or guarantees. Des Cosureties. As a general rule, the surety may exercise defences against a contract that would have been available to the principal debtor (e.g. B creditor infringement; the impossibility or illegality of the service; fraud, coercion or misrepresentation by the creditor; prescription; Refusal of the creditor to accept an offer or benefit from debtors or guarantors). In addition, the guarantee has its own defenses. Among the usual restrictions imposed by guarantors are the following: for the guarantee obligation to be legal, the guarantor must have received some form of payment or “consideration”. Any person in the contract must be legally able to enter into binding contracts.. . .