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Perhaps the most important difference between a surety and a surety is that a guarantor can benefit from the protection of the Surety Act.14 The Surety Act was first enacted in 1874.15 Section 1 of the Act provides what is the case: Negotiating positions between the contractor/producer and the builder/customer by . B obviously play a role. Fierce competition between entrepreneurs is playing into the hands of the beneficiaries, who can make such difficult requests. For some large (public) projects with structured finance, financiers often expect bank guarantees at the initial request. It was only with the decision of the Second District Court of Appeals of JP Morgan Chase Bank, N.A., that the protection of the surety law was extended to a guarantor. The facts of JP Morgan Chase Bank, N.A. are quite simple: the plaintiff in the case granted a line of credit to the main defendant, Earth Foods, Inc. (Earth Foods), which was „personally guaranteed“ by three co-owners of Earth Foods.19 The defendants sent a letter to the plaintiff warning him that Earth Foods was depleting his inventory and asking him to take action. When the plaintiff filed a lawsuit against Earth Foods and the co-guarantors, the co-guarantors responded with a affirmative defense based on the guarantees contained in section 1 of the Surety Act. Both the guarantor of a guarantee and a guarantor assume a credit risk for the customer in the exercise of his right of recourse.

This risk is greater with a guarantee than with a guarantee. The guarantor of a guarantee, unlike the guarantor of a guarantee, is also not placed in the rights of the creditor at the time of payment or transfer, which obviously increases the risk of the former. The conditions for granting it will therefore be different for the two species. According to the analysis described above, the Court referred to the question whether the legislature wished to distinguish between a guarantee and a guarantee or whether it wished to use the term guarantee in the general sense to describe both the guarantee and the guarantee scenarios. The Court concluded that because of the intertwined use of the terms guaranteed and guaranteed and the confusion surrounding the use of the term guaranteed, Parliament „did not intend to make the kind of specific distinctions discussed above, but rather used the word in its general sense.“ 37 That court had no power to determine what the legislature intended. The guarantee therefore has both a guarantee function and a payment function if it is invoked on first demand. [iii] Although it can be argued that an interpretation is not necessary if the intentions of the parties are sufficiently clear (in claris non fit interpretatio), this view is rightly criticized in the literature. See Kocayusufpaşaoğlu/Hatemi/Serozan/Arpacı, p. 333. Even if the parties use clear expressions, the determination of intentions contrary to those expressed can only be determined by interpretation. Failure to request the method of interpretation on the basis of clear statements made by the parties may lead to undesirable consequences. Therefore, even if the intentions of the parties are clearly expressed, it is important to determine the actual intention of the parties.

And if you know the obligations and responsibilities that arise from signing a loan agreement, you can protect yourself and your assets if the terms of the contract have not been met by the principal debtor. .


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