Anfordringsgarantier och oberoende personsäkerheter i europeisk och nordisk rätt

• The Study Group on a European Civil Code has presented a set of rules on personal securities. Personal securities for commercial transactions play an important role in world trade today and inde-pendent securities such as on demand guarantees and stand by let-ters of credit have gained in importance during the last decades. The proposed rules are tested on court cases from Denmark and Sweden. When applied to real cases, the results are very similar to those reached by applying already existing rules on independent securities. If the court found the guarantee to be independent, the same result was reached by applying the rules of DCFR. The weaker part of the proposed rules is the effects of the clas-sifications. The novel approach in DCFR not to establish explicit rules on the right to reimbursement and subrogation to other secu-rities when the guarantee is independent, but rather to state that the rules on dependent personal securities should be applied with ap-propriate adaptations, is criticized as too vague.

Ämnesord

SAMHÄLLSVETENSKAP  -- Juridik -- Juridik (hsv//swe)

SOCIAL SCIENCES  -- Law -- Law (hsv//eng)

Nyckelord

Private law

Civilrätt

Civil Law

Civilrätt

Publikations- och innehållstyp

vet (ämneskategori)

rap (ämneskategori)