THE REGIME OF THE LETTER OF GUARANTEE UNDER THE ROMANIAN LEGISLATION AND INTERNATIONAL LEGAL PROVISIONS
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2018, Vol 10, Issue 12
Abstract
The letter of guarantee is widely utilized in the international trade relations and its regime was regulated through three publications issued by the International Chamber of Commerce from Paris (Publication no.325, Publication no.458 and Publication no. 758); at the same time, it is well known that some of the European countries (and not only) enacted internal laws with regard to the letter of guarantee. The putting into operation of the domestic and international provisions in the field of the letter of guarantee has generated miscorrelations and/or legal conflicts mostly settled by decisions issued by the Courts of Law or by uniform practices accepted by the players from market. The present article aims at providing a legal analysis of the letter of guarantee taking into consideration mainly the legal traits, the types of the letters of guarantee, the modalities of issuance and utilization, the publicity, the assignment of the receivables deriving from the letter of guarantee. Also one of the envisaged scope is to submit proposals to amend the current legislation for the large benefit of the business community, legal professionals or theoreticians.
Authors and Affiliations
Florin CONSTANTINESCU
Keywords
Related Articles
- EP ID EP301901
- DOI -
- Views 136
- Downloads 0
THE SIZE AND THE IMPORTANCE OF THE EVIDENCE GOVERNED DURING THE PROSECUTION IN REM
The jurisdiction developed on the edge of the implementation of the provisions of Code of Criminal Procedure, relating to the verification of the legality of the referral to the court, the legality of the management of e...
THEORETICAL AND CASE-LAW CONSIDERATIONS ON THE PROFESSIONAL NEGLIGENCE OF DOCTORS THAT COULD RESULT IN CRIMINAL, NOT ONLY CIVIL, LIABILITY
In this study we aimed to analyze guilt, in the form of negligence, that is governed in Romanian criminal laws in Article 16 paragraph (4) of the Criminal Code, as follows:“An offence is perpetrated in negligence when th...
PUBLIC SERVICE – MEANS OF ACHIEVING THE PUBLIC ADMINISTRATION MISSION
The role of public administration is to satisfy citizens' interests, respecting their rights and freedoms. This goal is achieved by high standards for public services. In this article, using the logical interpretation an...
MEDICAL MALPRACTICE. THE MALPRACTICE INSURANCE
Increasingly, complaints about medical malpractice ocure extreme situations such as the death of the person or the occurrence of irreparable injuries. Professional misconduct in the exercise of the medical or medical-pha...
THE ACCOUNTANT’S AVERSION TO RISK WHEN CHOOSING ACCOUNTING POLICIES
The accounting community is currently focusing on harmonizing accounting rules by creating a common accounting language at global level to increase the comparability and relevance of financial reporting information. The...