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
2013-12-25
23
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.担保合同巾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/v9id777K
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
Americanswithsmallfamiliesownasmallcaroralargeone.Ifbothparentsareworking,theyusuallyhavetwocars.Whenthe
JackhisJoblastweek.Itwasdifficultforhimtofindanother【C1】______.【C2】______toldhimthatitwaspossibletogetanew
Alltheworkers______togetherandwrotealettertotheheadofthecompany.
Mr.Reeceisinterestingoldman.Mr.Reeceworked【C1】______afarm.Heandhiswife【C2】______alotofthingsandtheyhadsomec
"Whereismeuniversity?"isaquestionmanyvisitorstoCambridgeask,butnoonecangivememaclearanswerforthereisnow
A、Agoodjob.B、Iknow.C、20dollars.C
MysisterandIlookedforwardtonewclothesfortheNewYear.Butonedaymymothersaid,"Listen,children.Wedon’thaveeno
A、That’simportant.B、Noproblem.C、Yes,verymuch.C
Tomisquiteinterested______thatjob.
Thebalanceofpaymentsisastatisticalrecordofalltheeconomictransactionbetweenresidentsofthereportingcountryandr
随机试题
患者,男性,8岁时曾患过扁桃体炎,20天后血沉加快、血中白细胞增高,前臂皮肤出现环形红斑;听诊心音未见明显改变,经过治疗后痊愈。该患者40岁前曾有过数次咽部感染疾病,在咽部感染治疗过程中,听诊主动脉瓣区可闻及吹风样杂音,时有心绞痛现象,45岁时,拔牙后发热
怀疑肺癌的病人应首选哪项检查
纸片法测定茶具大肠菌群时所用的纸片大小为
尿毒症患者发生纤维性骨炎的主要原因是( )。
银行贷款年利率为10%,半年计息一次,则实际年利率应是()。
对国民经济具有全局和长远影响的有可能在未来成为主导产业或支柱产业的新兴产业是()。
根据下面材料回答下列题。2007年,高科技产业各行业中大型企业增加值最小的是()。
中华民族在长达数千年的历史发展中,形成了源远流长的优良道德传统。中国传统道德的根本要求是()
Fordecades,postersdepictingrabbitswithinflamed,reddenedeyessymbolizedcampaignsagainstthetestingofcosmeticsonani
Whoisthespeakermostlikelytobe?
最新回复
(
0
)