首页
外语
计算机
考研
公务员
职业资格
财经
工程
司法
医学
专升本
自考
实用职业技能
登录
外语
A guarantee is defined in the Statute of Frauds 1677 as "a written promise made by one person to be collaterally answerable for
A guarantee is defined in the Statute of Frauds 1677 as "a written promise made by one person to be collaterally answerable for
admin
2012-01-26
41
问题
A guarantee is defined in the Statute of Frauds 1677 as "a written promise made by one person to be collaterally answerable for the debt, default, or miscarriage of another".
There are therefore three parties involved in the guarantee situation, although only two are in a contractual relationship arising out of the guarantee document, the creditor and the guarantor. The party who is owed the money, or whose rights are protected, is known as the creditor and the person owing him the money, or who is under an obligation to him, is called the principal debtor. The guarantor, or surety as he is sometimes called, therefore assumes a secondary liability and in effect says to the creditor: "if the principal debtor does not meet his liabilities to you, then I will".
There are similarities between a contract of guarantee and a contract of indemnity, but the difference is that an indemnifier assumes primary responsibility himself and in effect he says to the creditor "I will see that you are paid". The distinction is important, for whereas a guarantee to be enforceable must be evidenced in writing according to the Statute of Frauds 1677, this is not the case with an indemnity and an indemnity given orally would be enforceable, although understandably it might be difficult to prove to a court that such a contract had been entered into.
In point of fact, nearly all bank guarantee forms are drafted in such a way that not only do they constitute a contract of guarantee, but they are also an indemnity. The advantage of this is that it gives the bank rights against the party signing, even though the bank might find itself with no fights which it could exercise against the principal debtor, for in such circumstances a contract of guarantee alone would be unenforceable. In other words, enforcement is not dependent on the efficacy of the Contract between the creditor and the principal debtor.
Guarantees may be executed by hand or under seal, but if by hand they must be supported by consideration. The consideration usually given by a bank is of course the loan of money to the principal debtor, or the agreement to continue to allow borrowing facilities for a further period of time.
______ are the parties with contractual relationship derived from the guarantee document.
选项
A、The creditor, the debtor and the guarantor
B、The guarantor and the debtor
C、The guarantor and the creditor
D、The debtor and the creditor
答案
C
解析
文章第二段提到There are therefore three parties…the creditor and the guarantor.担保合同中相关的当事人是债权人(或被担保人)和担保人。债务人并不是担保合同中的当事人。
转载请注明原文地址:https://kaotiyun.com/show/WdYd777K
本试题收录于:
FECT综合(现代金融业务)题库金融英语(FECT)分类
0
FECT综合(现代金融业务)
金融英语(FECT)
相关试题推荐
[A]cheek[B]dollar[C]menu[D]station[E]market[F]library[G]hospitalPeoplereadandborrowbooksthere.
[A]bridge[B]supermarket[C]radio[D]map[E]book[F]letter[G]busPeoplegoacrossitfromonesidetotheother.
[A]bridge[B]supermarket[C]radio[D]map[E]book[F]letter[G]busPeopleuseittofindtheirway.
Abusinessmanboughtsomegoodsatamarketinthemorningandsetoutatonceforhomewithallhisbags,forhewishedtobei
Abusinessmanboughtsomegoodsatamarketinthemorningandsetoutatonceforhomewithallhisbags,forhewishedtobei
MysisterandIlookedforwardtonewclothesfortheNewYear.Butonedaymymothersaid,"Listen,children.Wedon’thaveeno
Ifsomeoneissleepwalking,theyarewalkingaroundwhiletheyareasleep.Sleepwalkinghappenswhenapersonisnotfullyaslee
Ifsomeoneissleepwalking,theyarewalkingaroundwhiletheyareasleep.Sleepwalkinghappenswhenapersonisnotfullyaslee
Ifsomeoneissleepwalking,theyarewalkingaroundwhiletheyareasleep.Sleepwalkinghappenswhenapersonisnotfullyaslee
随机试题
中国证监会按照()授权和依照相关法律法规对证券市场进行集中、统一监管。
A.疼痛随月经呈周期性改变B.多为哺乳期妇女C.乳房皮肤橘皮样改变D.好发于18~20岁青少年女性E.无乳头溢液乳腺癌
病人疾病已康复,仍不愿意脱离病人角色是否认自己有病是
30岁,男性,驾车撞树受伤,伤后右髋关节疼痛剧烈不能活动。查体:患肢短缩,呈屈曲、内收、内旋畸形,应首先考虑的诊断是
六一散的功效是()。
公安执法监督,是指公民和社会组织对人民警察依法履行职责、行使职权的活动和遵守纪律的情况所实施的监督。( )
《人民警察法》规定,年满()的公民可以担任人民警察。
多媒体信息在计算机中的存储彤式是()。
A、0B、1C、-π/2D、π/2A判断间断点类型的基础是求函数在间断点处的左、右极限.
Whattimeistheman’sflight?
最新回复
(
0
)