The guarantee is the company that provides a line of credit to guarantee the payment of a debt. They provide financially to the subject that the client will meet his obligations. A contractor`s obligations may involve compliance with state laws and regulations with respect to a specific commercial licence or compliance with the terms of a construction contract. 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. Among the common defences guaranteed are: 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.
The first requirement for a warranty means “first pay, then recover.” In this case, there is a reversal of the position in the trial and a reversal of the burden of proof. The beneficiary enters the role of defendant with the sum of the money. Suretyship is the second of the three main types of amicable security measures that were mentioned at the beginning of this chapter (personal security, security, security, real estate security) and a package.