Suretyship in German and Polish Law: A Comparative Analysis

Suretyship in German and Polish Law: A Comparative Analysis Review of Central and East European Law 31 (2006) 331-359 DOI: 10.1163/157303506X129422 © Koninklijke Brill NV, Leiden, 2006 Suretyship in German and Polish Law: A Comparative Analysis 1 Imola Kocsis and Marcin Olechowski Abstract This paper analyzes the institution of suretyship in the German and Polish legal systems. It highlights both differences and similarities of the main cha- highlights both differences and similarities of the main cha- of the main cha- racteristics, such as conditions to validity, scope of liability, defences available to the surety and the recourse by the surety in case of payment. The analysis is based not only on the relevant legal provisions, jurisprudence and doctrine, but also on their application in the business practice of the two countries. The comparative overview of the suretyship permits the conclusion that both legal systems regulate the principal features of this institution rather similarly. However, there are also a number of significant differences. Notably, German jurisprudence and doctrine appear to adopt a more flexible approach to this institution than the prevailing position in Polish law. On the other hand, the liability of the surety is more rigorously shaped under Polish law. Whereas German law and practice seem in http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Review of Central and East European Law Brill

Suretyship in German and Polish Law: A Comparative Analysis

Loading next page...
 
/lp/brill/suretyship-in-german-and-polish-law-a-comparative-analysis-j0P57u9ryF
Publisher
Brill
Copyright
© 2006 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0925-9880
eISSN
1573-0352
DOI
10.1163/157303506X129422
Publisher site
See Article on Publisher Site

Abstract

Review of Central and East European Law 31 (2006) 331-359 DOI: 10.1163/157303506X129422 © Koninklijke Brill NV, Leiden, 2006 Suretyship in German and Polish Law: A Comparative Analysis 1 Imola Kocsis and Marcin Olechowski Abstract This paper analyzes the institution of suretyship in the German and Polish legal systems. It highlights both differences and similarities of the main cha- highlights both differences and similarities of the main cha- of the main cha- racteristics, such as conditions to validity, scope of liability, defences available to the surety and the recourse by the surety in case of payment. The analysis is based not only on the relevant legal provisions, jurisprudence and doctrine, but also on their application in the business practice of the two countries. The comparative overview of the suretyship permits the conclusion that both legal systems regulate the principal features of this institution rather similarly. However, there are also a number of significant differences. Notably, German jurisprudence and doctrine appear to adopt a more flexible approach to this institution than the prevailing position in Polish law. On the other hand, the liability of the surety is more rigorously shaped under Polish law. Whereas German law and practice seem in

Journal

Review of Central and East European LawBrill

Published: Jan 1, 2006

There are no references for this article.

You’re reading a free preview. Subscribe to read the entire article.


DeepDyve is your
personal research library

It’s your single place to instantly
discover and read the research
that matters to you.

Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.

All for just $49/month

Explore the DeepDyve Library

Search

Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly

Organize

Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.

Access

Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.

Your journals are on DeepDyve

Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.

All the latest content is available, no embargo periods.

See the journals in your area

DeepDyve

Freelancer

DeepDyve

Pro

Price

FREE

$49/month
$360/year

Save searches from
Google Scholar,
PubMed

Create folders to
organize your research

Export folders, citations

Read DeepDyve articles

Abstract access only

Unlimited access to over
18 million full-text articles

Print

20 pages / month

PDF Discount

20% off