Analysis of the legal and actual situation of a guarantor – selected issues

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Łukasz Jurek
Rafał Maciąg

Abstract

This paper highlights the issues arising from an obligation such as surety. Under the provisions of the Polish Civil Code, the legal position of a guarantor is closely related to non-legal factors. The ambiguity and uncertainty of the status of a guarantor are even greater due to the variability in time of the normative construction of a surety. Therefore, in addition to the measures available in law, a certain counterweight, such as the general public values, is necessary to address this state of affairs. The most widely understood trust, being the necessary condition for the proper development of a modern democratic state of law, may undoubtedly play that role.

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How to Cite
Jurek, Łukasz, & Maciąg, R. (2018). Analysis of the legal and actual situation of a guarantor – selected issues. Adam Mickiewicz University Law Review, 1, 49-58. https://doi.org/10.14746/ppuam.2012.1.04
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