The DCFR – Guarantee and Personal Security Contracts

Angel Carrasco 1
  • 1 *Professor of Private Law at University of Toledo.

Abstract

The present paper offers an approach to the main and most controversial topics embodied in the Chapter of the Book IV-G-DCFR referred to Personal Securities. The Chapter aims at giving an accurate model of Law built up upon the best tested rules chosen from the different Law systems of Europe. There is an obvious pretension to pick up Law experiences from different sources and to put a comprehensive Model, framed trough a syncretic compromise. However, most of the provisions set out in the Chapter mirror the common background of personal security Law developed trough centuries of uniform evolution of the ius commune in Europe. The cornerstone of the legislative approach still remains in the classic principle of guarantor's protection. Special consideration is given in the present paper to the regulation devoted to the global personal security, to the relationship between the dependent security and the duty stemmed out from a comfort letter, to the application of the general rules to the independent guarantees and to the possibilities and limits of a special regulation of personal security granted by consumers.

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This journal deals with contract law and serves as a pan-European platform for discussion and analysis. Since the early 2000s when this journal was created, European Contract Law has come to encompass an increasingly comprehensive body of law. The importance and breadth of the field and the methods and questions involved are such that ERCL has established itself as the specialised European journal in this area.

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