Obligation in accordance with the contract of guarantee: some questions concerning the theory

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In the first part of the article by way of the research of the contract structure basedon the obligation in guarantee the author comes to the conclusion about the identity ofthe means in construction the relationship between the participants conventional, aleatory, insurance obligations and obligations in accordance with the contract of guarantee.In the second part of the article the author puts forward his hypothesis, according to it the guarantor after entering in to agreement (contract) bears the burden of risk the consequences of the malfunction of the debtor in basic obligation by the way of independ-ent duty to realize the creditor to pay the definite sum as a result of contractual localization of extraneous losses (damages) in it's property sphere.

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Guarantee, deals, unrecoverable debtor, losses

Короткий адрес: https://sciup.org/147202638

IDR: 147202638

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