In this thesis I present the institutes of suretyship and commercial contract, furthermore I also discuss the specifics in the case of suretyship in a commercial contract.
When we discuss commercial contract, we are talking about contracts concluded between economic entities. Regarding that, it is necessary to pay attention to the fact that the meaning of the term economic entity is different in the law of obligation, compared to the meaning in status law or in other legal areas.
Suretyship is one of the oldest, but still one of the most typical form of securing claims, where in addition to the primary debtor, a third party – the surety (guarantor), also undertakes to fulfil the obligation, therefore it is a personal form of securing claims. In addition to the presentation of individual characteristics of the suretyship, I also compare it with some other forms of securing claims.
In the case of suretyship in a commercial contract there are certain, but not many, special features (like presumption of solidarity and special features regarding the form of such agreement). An important question arises in business practice of economic entities regarding the consequences for the suretyship agreement after the initiation of bankruptcy proceedings, therefore I discuss this issue in the context of this thesis.
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