There is no doubt that in a contract of guarantee parties may, if so minded, exclude any one or more of the normal incidents of suretyship. |
|
However, movable hypothecs are a form of real security, while suretyship is a form of personal security. |
|
Thus, the court associated a suretyship with a letter of credit, but did not provide more detailed explanations. |
|
For instance, suretyship does not restrict immediately the right of ownership of a surety over his property. |
|
This concept of security raises a harmonization issue with the Quebec civil law concept of suretyship. |
|
In modern times suretyship or guaranty has come to be undertaken by business corporations organized for that purpose. |
|
Guaranty and suretyship, in law, assumption of liability for the obligations of another. |
|
Legal historians identify suretyship with situations that are quite outside the modern connotations of the term. |
|
In the first case, the title of the contract referred to as suretyship, but the contract itself was riddled with contradictions. |
|
Nor does it seem that the confusion between the concepts of suretyship contracts and insurance contracts in Quebec civil law is limited to the application of this Regulation. |
|
The parties to an agreement or a contract of sale or a related suretyship contract or subordination agreement may agree on the law which is to govern their rights and obligations under this Convention, wholly or in part. |
|
The Trust and the Borrower agree to secure reimbursement of the Loan or, when applicable, the suretyship, by a movable hypothec on the property described hereunder. |
|
In the case of destruction or loss of the hypothecated property, the borrower shall obtain a replacement through a lost item suretyship and pay the costs related thereto. |
|
It is possible that the court favoured the more explicit evidence of a suretyship than that of an independent guarantee and that, given the doubts, the former prevailed. |
|
In defence of this reference, it was noted that it reflected the desire of the representatives of a number of export credit agencies to see greater certainty in the matter of choice of law clauses in suretyship contracts. |
|
His work in commercial litigation focuses mainly on disputes arising in the performance of contracts for services, distribution, suretyship and joint ventures. |
|
In modern usage the term guaranty has largely superseded suretyship. |
|
Where an elector becomes surety for a loan, the contract of suretyship shall set out the name and address of the elector and the amount for which he becomes surety. |
|
Anything received from a surety in return for the discharge of his suretyship obligation must be set against the debt and pro tanto discharges the principal debtor and the other sureties. |
|
This course is an introductory study of suretyship. |
|
|
Every elector is guilty of an offence who grants a loan or makes a contract of suretyship knowing that by so doing, the maximum amount specified in section 447.1 will be exceeded. |
|