| Abstract [eng] |
This master thesis analyses legal relations and practical considerations on the subject of guarantees. In the first part of the thesis, general concept of guarantee and requirements for direct and indirect structure of guarantees for their content and form, the international commercial practice, legal doctrine and legal regulation of Lithuania and practice formed by courts. Also the thesis, while analysing general issues of guarantee institute, also briefly provides wide range of warranty types, which was formed by constantly changing needs of a business. And a solution of general questions of guarantee institute is finalized with analysis of this instrument for securing of obligations and its relation with other very similar instrument, which highlights the main criteria for dissociation of these legal relations. The other part of the thesis is dedicated to one of the types of guarantee – first demand guarantee relations. Such direction of analysis is chosen for the sake of clarity, because simple (conditional) guarantee in their essence are very similar to the elements of vouching legal relations and makes some confusion, and taking into account the first demand guarantee regulation problematic, arising from such specificity of legal relations. Thus in this thesis first demand, main individualizing features of first demand guarantee relations is revealed and analysed – abstraction of guarantee obligation and priority of its payment (according to the rule „pay first, then argue“). Also meaning of other general (common to the whole institute of guarantee) features (document type, irreversibility and non-transferability of a guarantee) for the functionality of these specific legal relations is assessed. Some problematic issues of the very first demand guarantee functioning mechanism, related to validity of such guarantee and applicable criteria to creditor’s requirement to pay the sum indicated in a guarantee are assessed. Master thesis analysis is finalized with an analysis of a main grounds of a refusal to pay upon first demand warranty and meaning of provisional court measures, because the solution of these particular questions has an impact on functionality of before mentioned essential principles of guarantee. |
