International Bank and Other Guarantees Handbook

Name: International Bank and Other Guarantees Handbook | Middle East and Africa Volume
Brand: Kluwer Law International
Price: 275.99 EUR
Availability: OnlineOnly

Middle East and Africa Volume

Yann Aubin Louis de Longeaux(Herausgeber*in)

Kluwer Law International (Verlag)

Erschienen am 23. September 2011

792 Seiten

E-Book

ePUB mit Adobe-DRM

Systemvoraussetzungen

978-90-411-3943-6 (ISBN)

275,99 €inkl. 7% MwSt.

Systemvoraussetzungen

für ePUB mit Adobe-DRM

E-Book Einzellizenz

Als Download verfügbar

Beschreibung

Weitere Details

Weitere Ausgaben

Inhalt

Intro
Title Page
Copyright Page
List of Contributors
Summary of Contents
Table of Contents
Generic Outline
Preface
Acknowledgements
Chapter 1 Introduction
I. Terminology
II. Why Choose an Instrument Rather Than Another?
III. Types of Guarantee (Covered by the Handbook)
IV. Specific Issues to Consider When Negotiating and Putting in Place a Guarantee
A. Issues to Consider during the Preliminary Discussions on the Guarantee
B. Issues to Consider in Relation to the Content of the Guarantee
C. Issues to Consider When the Guarantee is in Force
D. Issues to Consider upon Enforcement of the Guarantee
V. Incorporation of Uniform Rules
VI. Structure of the Handbook
VII. Disclaimer
Chapter 2 Algeria
I. Introduction
A. Description of the Legal System in Algeria
B. Use of Guarantees in Algeria
C. Participation of Algeria to International Regimes
II. General Overview
III. Issuing a Guarantee
A. Application of the Guarantee
1. The Quality of the Parties
2. Nature of the Underlying Operation
B. Formation of the Contract
1. Form of the Contract
2. Consent Protection
3. The Guarantor's Benefit/Consideration
4. Authorization
5. Authority
C. Terms of the Contract
1. Mandatory Provisions
2. Main Provisions of the Contract
(a) Term of the Guarantee
(b) Amount of the Guarantee
(c) Plurality of Guarantors
(d) Immediate Recourse against the Guarantor
D. Obligations of the Beneficiary
IV. Maintaining and Releasing a Guarantee
A. Modification of the Guaranteed Obligation or of the Parties to the Underlying Operation
1. Modification of the Underlying Contract
2. Change of the Parties to the Underlying Obligation or to the Guarantee
B. Release of the Guarantee
V. Enforcing a Guarantee
A. The Call Mechanism
1. The Call Procedure
(a) Conditions of the Call
(b) Form of the Call
(c) Time of Calls
(d) Limitation on the Right to Payment
2. Defences of the Guarantor
(a) The Guarantor's Own Counter-claims
(b) Counter-claims Derived from the Underlying Operation
(c) Other Defences
3. Consequences of the Opening of an Insolvency Proceeding against the Principal
4. Claim against the Principal, before Payment
5. Claim against the Principal, after Payment
B. Judicial Enforcement
1. Obtaining a Local Judgment
(a) Judicial Competency
(b) Emergency Interim Proceedings
(c) Preservation of the Guarantee
2. Enforcing a Foreign Judgment/Decision
(a) Applicable Law
(b) Recognition of Foreign Judgments and Arbitral Awards
VI. Annexes
A. References
1. Primary Documentation
(a) Statutory Legislation
(b) Case Law
2. Secondary Documentation
(a) Internet Sites
(b) Paper Publications
B. Standard Documents
1. Standard Bank Guarantee
2. Other Standard Documents
Chapter 3 Angola
I. Introduction
A. Description of the Legal System in Angola
B. Use of Guarantees in Angola
C. Participation of Angola to International Regimes
II. General Overview
III. Issuing a Guarantee
A. Application of the Guarantee
1. The Quality of the Parties
2. Nature of the Underlying Operation
B. Formation of the Contract
1. Form of the Contract
2. Consent Protection
3. The Guarantor's Benefit/Consideration
4. Authorization
5. Authority
C. Terms of the Contract
1. Mandatory Provisions
2. Main Provisions of the Contract
(a) Term of the Guarantee
(b) Amount of the Guarantee
(c) Plurality of Guarantors
(d) Immediate Recourse against the Guarantor
D. Obligations of the Beneficiary
IV. Maintaining and Releasing a Guarantee
A. Modification of the Guaranteed Obligation or of the Parties to the Underlying Operation
1. Modification of the Underlying Contract
(a) Fiança
(b) Aval
(c) Autonomous Bank Guarantee
(d) Comfort Letter
2. Change of the Parties to the Underlying Obligation or to the Guarantee
(a) Assignment of Contract
(b) Assignment of Credits
(c) Assignment of Debts
(d) Merger
(e) Death of the Guarantor
(f) Change/Termination of the Guarantor's Functions as a Manager in the Principal Entity
B. Release of the Guarantee
V. Enforcing a Guarantee
A. The Call Mechanism
1. The Call Procedure
(a) Conditions of the Call
(b) Form of the Call
(c) Time of Calls
(d) Limitation on the Right to Payment
2. Defences of the Guarantor
(a) The Guarantor's Own Counter-claims
(b) Counter-claims Derived from the Underlying Operation
(i) Fiança
(ii) Autonomous Bank Guarantee
(iii) Aval
(c) Other Defences
3. Consequences of the Opening of an Insolvency Proceeding against the Principal
4. Claim against the Principal, before Payment
5. Claim against the Principal, after Payment
B. Judicial Enforcement
1. Obtaining a Local Judgment
(a) Judicial Competency
(i) Fulfilment of an Obligation
(ii) Enforcement of a Judicial Award
(iii) Jurisdiction Clauses
(b) Emergency Interim Proceedings
(c) Preservation of the Guarantee
2. Enforcing a Foreign Judgment/Decision
(a) Applicable Law
(b) Recognition of Foreign Judgments and Arbitral Awards
VI. Annexes
A. References
1. Primary Documentation
(a) Statutory Legislation
(b) Case Law
2. Secondary Documentation
(a) Internet Sites
(b) Paper Publications
B. Standard Documents
1. Standard Bank Guarantee
2. Other Standard Documents
(a) Letter to Call the Guarantee
(b) Fiança
(c) Comfort Letter
Chapter 4 Bahrain
I. Introduction
A. Description of the Legal System in Bahrain
B. Use of Guarantees in Bahrain
C. Participation of Bahrain to International Regimes
II. General Overview
III. Issuing a Guarantee
A. Application of the Guarantee
1. The Quality of the Parties
2. Nature of the Underlying Operation
B. Formation of the Contract
1. Form of the Contract
2. Consent Protection
3. The Guarantor's Benefit/Consideration
4. Authorization
5. Authority
C. Terms of the Contract
1. Mandatory Provisions
2. Main Provisions of the Contract
(a) Term of the Guarantee
(b) Amount of the Guarantee
(c) Plurality of Guarantors
(d) Immediate Recourse against the Guarantor
D. Obligations of the Beneficiary
IV. Maintaining and Releasing a Guarantee
A. Modification of the Guaranteed Obligation or of the Parties to the Underlying Operation
1. Modification of the Underlying Contract
2. Change of the Parties to the Underlying Obligation or to the Guarantee
B. Release of the Guarantee
V. Enforcing a Guarantee
A. The Call Mechanism
1. The Call Procedure
(a) Conditions of the Call
(b) Form of the Call
(c) Time of Calls
(d) Limitation on the Right to Payment
2. Defences of the Guarantor
(a) The Guarantor's Own Counter-claims
(b) Counter-claims Derived from the Underlying Operation
(c) Other Defences
3. Consequences of the Opening of an Insolvency Proceeding against the Principal
4. Claim against the Principal, before Payment
5. Claim against the Principal, after Payment
B. Judicial Enforcement
1. Obtaining a Local Judgment
(a) Judicial Competency
(b) Emergency Interim Proceedings
(c) Preservation of the Guarantee
2. Enforcing a Foreign Judgment/Decision
(a) Applicable Law
(b) Applicable Law Recognition of Foreign Judgments and Arbitral Awards
VI. Annexes
A. References
1. Primary Documentation
(a) Statutory Legislation
(b) Case Law
2. Secondary Documentation
B. Standard Documents
1. Standard Bank Guarantee
2. Other Standard Documents
Chapter 5 Cyprus
I. Introduction
A. Description of the Legal System in Cyprus
B. Use of Guarantees in Cyprus
C. Participation of Cyprus to International Regimes
II. General Overview
1. The Specific Guarantee
2. The Continuing Guarantee and Limited in Amount
3. The Continuing Guarantee Unlimited in Amount
4. Supported Security Guarantees
5. The Bank Guarantees
6. Letter of Comfort
7. Legal Source of the Guarantees
8. Nature of the Guarantor's Undertaking
9. Relationship Between the Guarantee and the Underlying Obligation
10. Comments
III. Issuing a Guarantee
A. Application of the Guarantee
1. The Quality of the Parties
2. Nature of the Underlying Operation
B. Formation of the Contract
1. Form of the Contract
2. Consent Protection
3. The Guarantor's Benefit/Consideration
4. Authorization
5. Authority
C. Terms of the Contract
1. Mandatory Provisions
2. Main Provisions of the Contract
(a) Term of the Guarantee
(b) Amount of the Guarantee
(c) Plurality of Guarantors
(d) Immediate Recourse against the Guarantor
D. Obligations of the Beneficiary
IV. Maintaining and Releasing a Guarantee
A. Modification of the Guaranteed Obligation or of the Parties to the Underlying Operation
1. Modification of the Underlying Contract
2. Change of the Parties to the Underlying Obligation or to the Guarantee
B. Release of the Guarantee
V. Enforcing a Guarantee
A. The Call Mechanism
1. The Call Procedure
(a) Conditions of the Call
(b) Form of the Call
(c) Time of Calls
(d) Limitation on the Right to Payment
2. Defences of the Guarantor
(a) The Guarantor's Own Counter-claims
(b) Counter-claims Derived from the Underlying Operation
(c) Other Defences
3. Consequences of the Opening of an Insolvency Proceeding against the Principal
4. Claim against the Principal, before Payment
5. Claim against the Principal, after Payment
B. Judicial Enforcement
1. Obtaining a Local Judgment
(a) Judicial Competency
(b) Emergency Interim Proceedings
(i) Security
(ii) The Interlocutory Relief is Returnable
(iii) Language
(c) Preservation of the Guarantee
2. Enforcing a Foreign Judgment/Decision
(a) Applicable Law
(b) Recognition of Foreign Judgments and Arbitral Awards
VI. Annexes
A. References
1. Primary Documentation
(a) Statutory Legislation
(b) Case Law
2. Secondary Documentation
(a) Paper Publications
(b) Internet Publications
B. Standard Documents
1. Standard Bank Guarantee
2. Other Standard Documents
Chapter 6 Ghana
I. Introduction
A. Description of the Legal System in Ghana
B. Use of Guarantees in Ghana
C. Participation of Ghana to International Regimes
II. General Overview
III. Issuing a Guarantee
A. Application of the Guarantee
1. The Quality of the Parties
2. Nature of the Underlying Operation
B. Formation of the Contract
1. Form of the Contract
2. Consent Protection
3. The Guarantor's Benefit/Consideration
4. Authorization
5. Authority
C. Terms of the Contract
1. Mandatory Provisions
2. Main Provisions of the Contract
(a) Term of the Guarantee
(b) Amount of the Guarantee
(c) Plurality of Guarantors
(d) Immediate Recourse against the Guarantor
D. Obligations of the Beneficiary
IV. Maintaining and Releasing a Guarantee
A. Modification of the Guaranteed Obligation or of the Parties to the Underlying Operation
1. Modification of the Underlying Contract
2. Change of the Parties to the Underlying Obligation or to the Guarantee
B. Release of the Guarantee
V. Enforcing a Guarantee
A. The Call Mechanism
1. The Call Procedure
(a) Conditions of the Call
(b) Form of the Call
(c) Time of Calls
(d) Limitation on the Right to Payment
2. Defences of the Guarantor
(a) The Guarantor's Own Counter-claims
(b) Counter-claims Derived from the Underlying Operation
(c) Other Defences
3. Consequences of the Opening of an Insolvency Proceeding against the Principal
4. Claim against the Principal, before Payment
5. Claim against the Principal, after Payment
B. Judicial Enforcement
1. Obtaining a Local Judgment
(a) Judicial Competency
(b) Emergency Interim Proceedings
(c) Preservation of the Guarantee
2. Enforcing a Foreign Judgment/Decision
(a) Applicable Law
(b) Recognition of Foreign Judgments and Arbitral Awards
VI. Annexes
A. References
1. Primary Documentation
(a) Statutory Legislation
(b) Case Law
2. Secondary Documentation
(a) Internet Sites
B. Standard Documents
1. Standard Bank Guarantee
2. Other Standard Documents
Chapter 7 Israel
I. Introduction
A. Description of the Legal System in Israel
B. Use of Guarantees in Israel
C. Participation of Israel to International Regimes
II. General Overview
III. Issuing a Guarantee
A. Application of the Guarantee
1. The Quality of the Parties
2. Nature of the Underlying Operation
B. Formation of the Contract
1. Form of the Contract
2. Consent Protection
3. The Guarantor's Benefit/Consideration
4. Authorization
5. Authority
C. Terms of the Contract
1. Mandatory Provisions
2. Main Provisions of the Contract
(a) Term of the Guarantee
(b) Amount of the Guarantee
(c) Plurality of Guarantors
(d) Immediate Recourse against the Guarantor
D. Obligations of the Beneficiary
IV. Maintaining and Releasing a Guarantee
A. Modification of the Guaranteed Obligation or of the Parties to the Underlying Operation
1. Modification of the Underlying Contract
2. Change of the Parties to the Underlying Obligation or to the Guarantee
B. Release of the Guarantee
V. Enforcing a Guarantee
A. The Call Mechanism
1. The Call Procedure
(a) Conditions of the Call
(b) Form of the Call
(c) Time of Calls
(d) Limitation on the Right to Payment
2. Defences of the Guarantor
(a) The Guarantor's Own Counter-claims
(b) Counter-claims Derived from the Underlying Operation
(c) Other Defences
3. Consequences of the Opening of an Insolvency Proceeding against the Principal
4. Claim against the Principal, before Payment
5. Claim against the Principal, after Payment
B. Judicial Enforcement
1. Obtaining a Local Judgment
(a) Judicial Competency
(b) Emergency Interim Proceedings
2. Enforcing a Foreign Judgment/Decision
(a) Applicable Law
(b) Recognition of Foreign Judgments and Arbitral Awards
VI. Annexes
A. References
1. Primary Documentation
(a) Statutory Legislation
(b) Case Law
2. Secondary Documentation
(a) Internet Sites
B. Standard Documents
1. Standard Bank Guarantee
2. Other Standard Documents
Chapter 8 Kenya
I. Introduction
A. Description of the Legal System in Kenya
B. Use of Guarantees in Kenya
C. Participation of Kenya to International Regimes
II. General Overview
III. Issuing a Guarantee
A. Application of the Guarantee
1. The Quality of the Parties
2. Nature of the Underlying Operation
B. Formation of the Contract
1. Form of the Contract
(a) A Contract of Guarantee must be in Writing
(b) A Contract of Guarantee must be in the English Language
(c) Registration
(d) Stamp Duty
2. Consent Protection
3. The Guarantor's Benefit/Consideration
4. Authorization
5. Authority
C. Terms of the Contract
1. Mandatory Provisions
2. Main Provisions of the Contract
(a) Term of the Guarantee
(b) Amount of the Guarantee
(c) Plurality of Guarantors
(d) Immediate Recourse against the Guarantor
D. Obligations of the Beneficiary
IV. Maintaining and Releasing a Guarantee
A. Modification of the Guaranteed Obligation or of the Parties to the Underlying Operation
1. Modification of the Underlying Contract
2. Change of the Parties to the Underlying Obligation or to the Guarantee
(a) A Merger or a Spin-off of the Beneficiary
(b) A Merger or a Spin-off of the Principal
(c) A Merger or a Spin-off of the Guarantor
(d) An Assignment/A Transfer of the Underlying Contract
(e) A Change or a Cessation of the Guarantor's Functions as a Manager in the Principal Entity
(f) The Death of the Guarantor
B. Release of the Guarantee
V. Enforcing a Guarantee
A. The Call Mechanism
1. The Call Procedure
(a) Conditions of the Call
(b) Form of the Call
(c) Time of Calls
(d) Limitation on the Right to Payment
2. Defences of the Guarantor
(a) The Guarantor's Own Counter-claims
(b) Counter-claims Derived from the Underlying Operation
(c) Other Defences
3. Consequences of the Opening of an Insolvency Proceeding against the Principal
4. Claim against the Principal, before Payment
5. Claim against the Principal, after Payment
B. Judicial Enforcement
1. Obtaining a Local Judgment
(a) Judicial Competency
(b) Emergency Interim Proceedings
(c) Preservation of the Guarantee
2. Enforcing a Foreign Judgment/Decision
(a) Applicable Law
(b) Recognition of Foreign Judgments and Arbitral Awards
VI. Annexes
A. References
1. Primary Documentation
(a) Statutory Legislation
(b) Case Law
2. Secondary Documentation
(a) Internet Sites
(b) Paper Publications
B. Standard Documents
1. Standard Bank Guarantee
2. Other Standard Documents
Chapter 9 Libya
I. Introduction
A. Description of the Legal System in Libya
B. Use of Guarantees in Libya
C. Participation of Libya to International Regimes
II. General Overview
III. Issuing a Guarantee
A. Application of the Guarantee
1. The Quality of the Parties
2. Nature of the Underlying Operation
B. Formation of the Contract
1. Form of the Contract
2. Consent Protection
3. The Guarantor's Benefit/Consideration
4. Authorization
5. Authority
C. Terms of the Contract
1. Mandatory Provisions
2. Main Provisions of the Contract
(a) Term of the Guarantee
(b) Amount of the Guarantee
(c) Plurality of Guarantors
(d) Immediate Recourse against the Guarantor
D. Obligations of the Beneficiary
IV. Maintaining and Releasing a Guarantee
A. Modification of the Guaranteed Obligation or of the Parties to the Underlying Operation
1. Modification of the Underlying Contract
2. Change of the Parties to the Underlying Obligation or to the Guarantee
B. Release of the Guarantee
V. Enforcing a Guarantee
A. The Call Mechanism
1. The Call Procedure
(a) Conditions of the Call
(b) Form of the Call
(c) Time of Calls
(d) Limitation on the Right to Payment
2. Defences of the Guarantor
(a) The Guarantor's Own Counter-claims
(b) Counter-claims Derived from the Underlying Operation
(c) Other Defences
3. Consequences of the Opening of an Insolvency Proceeding against the Principal
4. Claim against the Principal, before Payment
5. Claim against the Principal, after Payment
B. Judicial Enforcement
1. Obtaining a Local Judgment
(a) Judicial Competency
(b) Emergency Interim Proceedings
(c) Preservation of the Guarantee
2. Enforcing a Foreign Judgment/Decision
(a) Applicable Law
(b) Recognition of Foreign Judgments and Arbitral Awards
VI. Annexes
A. References
1. Primary Documentation
(a) Statutory Legislation
(b) Case Law
2. Secondary Documentation
(a) Internet Sites
(b) Paper Publications
B. Standard Documents
1. Standard Bank Guarantee
2. Other Standard Documents
Chapter 10 Mauritius
I. Introduction
A. Description of the Legal System in Mauritius
B. Use of Guarantees in Mauritius
C. Participation of Mauritius to International Regimes
II. General Overview
III. Issuing a Guarantee
A. Application of the Guarantee
1. The Quality of the Parties
2. Nature of the Underlying Operation
B. Formation of the Contract
1. Form of the Contract
2. Consent Protection
3. The Guarantor's Benefit/Consideration
4. Authorization
5. Authority
C. Terms of the Contract
1. Mandatory Provisions
2. Main Provisions of the Contract
(a) Term of the Guarantee
(b) Amount of the Guarantee
(c) Plurality of Guarantors
(d) Immediate Recourse against the Guarantor
D. Obligations of the Beneficiary
IV. Maintaining and Releasing a Guarantee
A. Modification of the Guaranteed Obligation or of the Parties to the Underlying Operation
1. Modification of the Underlying Contract
2. Change of the Parties to the Underlying Obligation or to the Guarantee
B. Release of the Guarantee
V. Enforcing a Guarantee
A. The Call Mechanism
1. The Call Procedure
(a) Conditions of the Call
(b) Form of the Call
(c) Time of Calls
(d) Limitation on the Right to Payment
2. Defences of the Guarantor
(a) The Guarantor's Own Counter-claims
(b) Counter-claims Derived from the Underlying Operation
(c) Other Defences
3. Consequences of the Opening of an Insolvency Proceeding against the Principal
4. Claim against the Principal, before Payment
5. Claim against the Principal, after Payment
B. Judicial Enforcement
1. Obtaining a Local Judgment
(a) Judicial Competency
(b) Emergency Interim Proceedings
(c) Preservation of the Guarantee
2. Enforcing a Foreign Judgment/Decision
(a) Applicable Law
(b) Recognition of Foreign Judgments and Arbitral Awards
Chapter 11 Namibia
I. Introduction
A. Description of the Legal System in Namibia
B. Use of Guarantees in Namibia
C. Participation of Namibia to International Regimes
II. General Overview
III. Issuing a Guarantee
A. Application of the Guarantee
1. The Quality of the Parties
2. Nature of the Underlying Operation
B. Formation of the Contract
1. Form of the Contract
2. Consent Protection
3. The Guarantor's Benefit/Consideration
4. Authorization
5. Authority
C. Terms of the Contract
1. Mandatory Provisions
2. Main Provisions of the Contract
(a) Term of the Guarantee
(b) Amount of the Guarantee
(c) Plurality of Guarantors
(d) Immediate Recourse against the Guarantor
D. Obligations of the Beneficiary
IV. Maintaining and Releasing a Guarantee
A. Modification of the Guaranteed Obligation or of the Parties to the Underlying Operation
1. Modification of the Underlying Contract
2. Change of the Parties to the Underlying Obligation or to the Guarantee
B. Release of the Guarantee
V. Enforcing a Guarantee
A. The Call Mechanism
1. The Call Procedure
(a) Conditions of the Call
(b) Form of the Call
(c) Time of Calls
(d) Limitation on the Right to Payment
2. Defences of the Guarantor
(a) The Guarantor's Own Counter-claims
(b) Counter-claims Derived from the Underlying Operation
(c) Other Defences
3. Consequences of the Opening of an Insolvency Proceeding against the Principal
4. Claim against the Principal, before Payment
5. Claim against the Principal, after Payment
B. Judicial Enforcement
1. Obtaining a Local Judgment
(a) Judicial Competency
(b) Emergency Interim Proceedings
(c) Preservation of the Guarantee
2. Enforcing a Foreign Judgment/Decision
(a) Applicable Law
(b) Recognition of Foreign Judgments and Arbitral Awards
VI. Annexes
A. References
1. Primary Documentation
(a) Statutory Legislation
(b) Case Law
2. Secondary Documentation
(a) Internet Sites
B. Standard Documents
1. Standard Bank Guarantee
2. Other Standard Documents
Chapter 12 Nigeria
I. Introduction
A. Description of the Legal System in Nigeria
(a) The Constitution
(b) Legislation
(c) Received English Law
(d) Customary Law
B. Use of Guarantees in Nigeria
C. Participation of Nigeria to International Regimes
II. General Overview
III. Issuing a Guarantee
A. Application of the Guarantee
1. The Quality of the Parties
2. Nature of the Underlying Operation
B. Formation of the Contract
1. Form of the Contract
2. Consent Protection
3. The Guarantor's Benefit/Consideration
4. Authorization
5. Authority
C. Terms of the Contract
1. Mandatory Provisions
2. Main Provisions of the Contract
(a) Term of the Guarantee
(b) Amount of the Guarantee
(c) Plurality of Guarantors
(d) Immediate Recourse against the Guarantor
D. Obligations of the Beneficiary
IV. Maintaining and Releasing a Guarantee
A. Modification of the Guaranteed Obligation or of the Parties to the Underlying Operation
1. Modification of the Underlying Contract
2. Change of the Parties to the Underlying Obligation or to the Guarantee
B. Release of the Guarantee
V. Enforcing a Guarantee
A. The Call Mechanism
1. The Call Procedure
(a) Conditions of the Call
(b) Form of the Call
(c) Time of Calls
(d) Limitation on the Right to Payment
2. Defences of the Guarantor
(a) The Guarantor's Own Counter-claims
(b) Counter-claims Derived from the Underlying Operation
(c) Other Defences
3. Consequences of the Opening of an Insolvency Proceeding against the Principal
4. Claim against the Principal, before Payment
5. Claim against the Principal, after Payment
B. Judicial Enforcement
1. Obtaining a Local Judgment
(a) Judicial Competency
(b) Emergency Interim Proceedings
(c) Preservation of the Guarantee
2. Enforcing a Foreign Judgment/Decision
(a) Applicable Law
(b) Recognition of Foreign Judgments and Arbitral Awards
VI. Annexes
A. References
1. Primary Documentation
(a) Statutory Legislation
(b) Case Law
2. Secondary Documentation
(a) Internet Sites
(b) Paper Publications
B. Standard Documents
1. Standard Bank Guarantee
Chapter 13 OHADA Member States
I. Introduction
A. Description of the Legal System in OHADA Member States
B. Use of Guarantees in OHADA Member States
C. Participation of OHADA Member States to International Regimes
II. General Overview
III. Issuing a Guarantee
A. Application of the Guarantee
1. The Quality of the Parties
2. Nature of the Underlying Operation
B. Formation of the Contract
1. Form of the Contract
2. Consent Protection
3. The Guarantor's Benefit/Consideration
4. Authorization
5. Authority
(a) Companies with Full Authority to Managers
(b) Companies with Limited Authority to Managers
C. Terms of the Contract
1. Mandatory Provisions
2. Main Provisions of the Contract
(a) Term of the Guarantee
(b) Amount of the Guarantee
(c) Plurality of Guarantors
(d) Immediate Recourse against the Guarantor
D. Obligations of the Beneficiary
IV. Maintaining and Releasing a Guarantee
A. Modification of the Guaranteed Obligation or of the Parties to the Uunderlying Operation
1. Modification of the Underlying Contract
2. Change of the Parties to the Underlying Obligation or to the Guarantee
B. Release of the Guarantee
V. Enforcing a Guarantee
A. The Call Mechanism
1. The Call Procedure
(a) Conditions of the Call
(b) Form of the Call
(c) Time of Calls
(d) Limitation on the Right to Payment
2. Defences of the Guarantor
(a) The Guarantor's Own Counter-claims
(b) Counter-claims Derived from the Underlying Operation
(c) Other Defences
3. Consequences of the Opening of an Insolvency Proceeding against the Principal
4. Claim against the Principal, before Payment
5. Claim against the Principal, after Payment
B. Judicial Enforcement
1. Obtaining a Local Judgment
(a) Judicial Competency
(b) Emergency Interim Proceedings
(c) Preservation of the Guarantee
2. Enforcing a Foreign Judgment/Decision
(a) Applicable Law
(b) Recognition of Foreign Judgments and Arbitral Awards
VI. Annexes
A. References
1. Primary Documentation
(a) Statutory Legislation
(b) Case Law
2. Secondary Documentation
(a) Internet Sites
(b) Paper Publications
B. Standard Documents
1. Standard Bank Guarantee
2. Other Standard Documents
Chapter 14 Saudi Arabia
I. Introduction
A. Description of the Legal System in Kingdom of Saudi Arabia
B. Use of Guarantees in Kingdom of Saudi Arabia
C. Participation of Kingdom of Saudi Arabia to International Regimes
II. General Overview
III. Issuing a Guarantee
A. Application of the Guarantee
1. The Quality of the Parties
2. Nature of the Underlying Operation
B. Formation of the Contract
1. Form of the Contract
2. Consent Protection
3. The Guarantor's Benefit/Consideration
4. Authorization
5. Authority
C. Terms of the Contract
1. Mandatory Provisions
2. Main Provisions of the Contract
(a) Term of the Guarantee
(b) Amount of the Guarantee
(c) Plurality of Guarantors
(d) Immediate Recourse against the Guarantor
D. Obligations of the Beneficiary
IV. Maintaining and Releasing a Guarantee
A. Modification of the Guaranteed Obligation or of the Parties to the Underlying Operation
1. Modification of the Underlying Contract
2. Change of the Parties to the Underlying Obligation or to the Guarantee
B. Release of the Guarantee
V. Enforcing a Guarantee
A. The Call Mechanism
1. The Call Procedure
(a) Conditions of the Call
(b) Form of the Call
(c) Time of Calls
(d) Limitation on the Right to Payment
2. Defences of the Guarantor
(a) The Guarantor's own Counter-claims
(b) Counter-claims Derived from the Underlying Operation
3. Consequences of the Opening of an Insolvency Proceeding against the Principal
4. Claim against the Principal, before Payment
5. Claim against the Principal, after Payment
B. Judicial Enforcement
1. Obtaining a Local Judgment
(a) Judicial Competency
(b) Emergency Interim Proceedings
(c) Preservation of the Guarantee
2. Enforcing a Foreign Judgment/Decision
(a) Applicable Law
(b) Recognition of Foreign Judgments and Arbitral Awards
VI. Annexes
A. References
1. Primary Documentation
(a) Statutory Legislation
2. Secondary Documentation
(a) Internet Sites
(b) Paper Publications
B. Standard Documents
1. Standard Bank Guarantee
2. Other Standard Documents
Chapter 15 South Africa
I. Introduction
A. Description of the Legal System in South Africa
B. Use of Guarantees in South Africa
C. Participation of South Africa to International Regimes
II. General Overview
III. Issuing a Guarantee
A. Application of the Guarantee
1. The Quality of the Parties
2. Nature of the Underlying Operation
B. Formation of the Contract
1. Form of the Contract
2. Consent Protection
3. The Guarantor's Benefit/Consideration
4. Authorization
5. Authority
C. Terms of the Contract
1. Mandatory Provisions
2. Main Provisions of the Contract
(a) Term of the Guarantee
(b) Amount of the Guarantee
(c) Plurality of Guarantors
(d) Immediate Recourse against the Guarantor
D. Obligations of the Beneficiary
IV. Maintaining and Releasing a Guarantee
A. Modification of the Guaranteed Obligation or of the Parties to the Underlying Operation
1. Modification of the Underlying Contract
2. Change of the Parties to the Underlying Obligation or to the Guarantee
B. Release of the Guarantee
V. Enforcing a Guarantee
A. The Call Mechanism
1. The Call Procedure
(a) Conditions of the Call
(b) Form of the Call
(c) Time of Calls
(d) Limitation on the Right to Payment
2. Defences of the Guarantor
(a) The Guarantor's Own Counter-claims
(b) Counter-claims Derived from the Underlying Operation
(c) Other Defences
3. Consequences of the Opening of an Insolvency Proceeding against the Principal
4. Claim against the Principal, before Payment
5. Claim against the Principal, after Payment
B. Judicial enforcement
1. Obtaining a Local Judgment
(a) Judicial Competency
(b) Emergency Interim Proceedings
(c) Preservation of the Guarantee
2. Enforcing a Foreign Judgment/Decision
(a) Applicable Law
(b) Recognition of Foreign Judgments and Arbitral Awards
VI. Annexes
A. References
1. Primary Documentation
(a) Statutory Legislation
(i) Legislation
(ii) Regulations or Rules
(b) Case Law
2. Secondary Documentation
(a) Internet Sites
(b) Paper Publications
B. Standard Documents
1. Standard Bank Guarantee
Chapter 16 Tunisia
I. Introduction
A. Description of the Legal System in Tunisia
B. Use of Guarantees in Tunisia
C. Participation of Tunisia to International Regimes
II. General Overview
III. Issuing a Guarantee
A. Application of the Guarantee
1. The Quality of the Parties
2. Nature of the Underlying Operation
B. Formation of the Contract
1. Form of the Contract
2. Consent Protection
3. The Guarantor's Benefit/Consideration
4. Authorization
5. Authority
C. Terms of the Contract
1. Mandatory Provisions
2. Main Provisions of the Contract
(a) Term of the Guarantee
(b) Amount of the Guarantee
(c) Plurality of Guarantors
(d) Immediate Recourse against the Guarantor
D. Obligations of the Beneficiary
IV. Maintaining and Releasing a Guarantee
A. Modification of the Guaranteed Obligation or of the Parties to the Underlying Operation
1. Modification of the Underlying Contract
2. Change of the Parties to the Underlying Obligation or to the Guarantee
B. Release of the Guarantee
V. Enforcing a Guarantee
A. The Call Mechanism
1. The Call Procedure
(a) Conditions of the Call
(b) Form of the Call
(c) Time of Calls
(d) Limitation on the Right to Payment
2. Defences of the Guarantor
(a) The Guarantor's Own Counter-claims
(b) Counter-claims Derived from the Underlying Operation
(c) Other Defences
3. Consequences of the Opening of an Insolvency Proceeding against the Principal
4. Claim against the Principal, before Payment
5. Claim against the Principal, after Payment
B. Judicial Enforcement
1. Obtaining a Local Judgment
(a) Judicial Competency
(b) Emergency Interim Proceedings
(c) Preservation of the Guarantee
2. Enforcing a Foreign Judgment/Decision
(a) Applicable Law
(b) Recognition of Foreign Judgments and Arbitral Awards
VI. Annexes
A. References
1. Primary Documentation
(a) Statutory Legislation
(b) Case Law
2. Secondary Documentation
(a) Internet Sites
(b) Paper Publications
B. Standard Documents
1. Standard Bank Guarantee
2. Other Standard Documents
Chapter 17 Republic of Turkey
I. Introduction
A. Description of the Legal System in the Republic of Turkey
B. Use of Guarantees in the Republic of Turkey
C. Participation of the Republic of Turkey to International Regimes
II. General Overview
III. Issuing a Guarantee
A. Application of the Guarantee
1. The Quality of the Parties
2. Nature of the Underlying Operation
B. Formation of the Contract
1. Form of the Contract
2. Consent Protection
3. The Guarantor's Benefit/Consideration
4. Authorization
5. Authority
C. Terms of the Contract
1. Mandatory Provisions
2. Main Provisions of the Contract
(a) Term of the Guarantee
(b) Amount of the Guarantee
(c) Plurality of Guarantors
(d) Immediate Recourse against the Guarantor
D. Obligations of the Beneficiary
IV. Maintaining and Releasing a Guarantee
A. Modification of the Guaranteed Obligation or of the parties to the Underlying Operation
1. Modification of the Underlying Contract
2. Change of the Parties to the Underlying Obligation or to the Guarantee
(a) Change of the Principal due to Merger/Spin-off or Assignment/Transfer of the Underlying Obligation
(b) Change of the Guarantor/Beneficiary due to Merger or a Spin-off
(c) Change or a Cessation of the Guarantor's Functions as a Manager in the Principal
(d) Death of the Guarantor
B. Release of the Guarantee
V. Enforcing a Guarantee
A. The Call Mechanism
1. The Call Procedure
(a) Conditions of the Call
(b) Form of the Call
(c) Time of Calls
(d) Limitation on the Right to Payment
2. Defences of the Guarantor
(a) The Guarantor's own Counter-claims
(b) Counter-claims Derived from the Underlying Operation
(c) Other Defences
3. Consequences of the Opening of an Insolvency Proceeding against the Principal
4. Claim against the Principal, before Payment
5. Claim against the Principal, after Payment
B. Judicial Enforcement
1. Obtaining a Local Judgment
(a) Judicial Competency
(b) Emergency Interim Proceedings
(c) Preservation of the Guarantee
2. Enforcing a Foreign Judgment/Decision
(a) Applicable Law
(b) Recognition of Foreign Judgments and Arbitral Awards
VI. Annexes
A. References
1. Primary Documentation
(a) Statutory Legislation
(b) Case Law
2. Secondary Documentation
(a) Internet Sites
(b) Paper Publications
B. Standard Documents
1. Standard Bank Guarantee
2. Other Standard Documents
Chapter 18 United Arab Emirates
I. Introduction
A. Description of the Legal System in the United Arab Emirates
B. Use of Guarantees in the United Arab Emirates
C. Participation of the United Arab Emirates to International Regimes
II. General Overview
III. Issuing a Guarantee
A. Application of the Guarantee
1. The Quality of the Parties
2. Nature of the Underlying Operation
B. Formation of the Contract
1. Form of the Contract
2. Consent Protection
3. The Guarantor's Benefit/Consideration
4. Authorization
5. Authority
C. Terms of the Contract
1. Mandatory Provisions
2. Main Provisions of the Contract
(a) Term of the Guarantee
(b) Amount of the Guarantee
(c) Plurality of Guarantors
(d) Immediate Recourse against the Guarantor
D. Obligations of the Beneficiary
IV. Maintaining and Releasing a Guarantee
A. Modification of the Guaranteed Obligation or of the Parties to the Underlying Operation
1. Modification of the Underlying Contract
2. Change of the Parties to the Underlying Obligation or to the Guarantee
B. Release of the Guarantee
V. Enforcing a Guarantee
A. The Call Mechanism
1. The Call Procedure
(a) Conditions of the Call
(b) Form of the Call
(c) Time of Calls
(d) Limitation on the Right to Payment
2. Defences of the Guarantor
(a) The guarantor's Own Counter-claims
(b) Counter-claims Derived from the Underlying Operation
(c) Other Defences
3. Consequences of the Opening of an Insolvency Proceeding against the Principal
4. Claim against the Principal, before Payment
5. Claim against the Principal, after Payment
B. Judicial Enforcement
1. Obtaining a Local Judgment
(a) Judicial Competency
(b) Emergency Interim Proceedings
(c) Preservation of the Guarantee
2. Enforcing a Foreign Judgment/Decision
(a) Applicable Law
(b) Recognition of Foreign Judgments and Arbitral Awards
VI. Annexes
A. References
1. Primary Documentation
(a) Statutory Legislation
(b) Case Law
2. Secondary Documentation
(a) Internet Sites
(b) Paper Publications
B. Standard Documents
1. Standard Bank Guarantee
2. Other Standard Documents
Chapter 19 United Republic of Tanzania
I. Introduction
A. Description of the Legal System in the United Republic of Tanzania
B. Use of Guarantees in the United Republic of Tanzania
C. Participation of the United Republic of Tanzania to International Regimes
II. General Overview
III. Issuing a Guarantee
A. Application of the Guarantee
1. The Quality of the Parties
2. Nature of the Underlying Operation
B. Formation of the Contract
1. Form of the Contract
2. Consent Protection
3. The Guarantor's Benefit/Consideration
4. Authorization
5. Authority
C. Terms of the Contract
1. Mandatory Provisions
2. Main Provisions of the Contract
(a) Term of the Guarantee
(b) Amount of the Guarantee
(c) Plurality of Guarantors
(d) Immediate Recourse against the Guarantor
D. Obligations of the Beneficiary
IV. Maintaining and Releasing a Guarantee
A. Modification of the Guaranteed Obligation or of the Parties to the Underlying Operation
1. Modification of the Underlying Contract
2. Change of the Parties to the Underlying Obligation or to the Guarantee
B. Release of the Guarantee
V. Enforcing a Guarantee
A. The Call Mechanism
1. The Call Procedure
(a) Conditions of the Call
(b) Form of the Call
(c) Time of Calls
(d) Limitation on the Right to Payment
2. Defences of the Guarantor
(a) The Guarantor's Own Counter-claims
(b) Counter-claims Derived from the Underlying Operation
(c) Other Defences
3. Consequences of the Opening of an Insolvency Proceeding against the Principal
4. Claim against the Principal, before payment
5. Claim against the Principal, after payment
B. Judicial Enforcement
1. Obtaining a Local Judgment
(a) Judicial Competency
(b) Emergency Interim Proceedings
(c) Preservation of the Guarantee
2. Enforcing a Foreign Judgment/Decision
(a) Applicable Law
(b) Recognition of Foreign Judgments and Arbitral Awards
VI. Annexes
A. References
1. Primary Documentation
(a) Statutory Legislation
(b) Case Law
2. Secondary Documentation
(a) Internet Sites
(b) Paper Publications
B. Standard Documents
1. Standard Bank Guarantee
2. Other Standard Documents
Chapter 20 Uganda
I. Introduction
A. Description of the Legal System in Uganda
B. Use of Guarantees in Uganda
C. Participation of Uganda to International Regimes
II. General Overview
III. Issuing a Guarantee
A. Application of the Guarantee
1. The Quality of the Parties
2. Nature of the Underlying Operation
B. Formation of the Contract
1. Form of the Contract
2. Consent Protection
3. The Guarantor's Benefit/Consideration
4. Authorization
5. Authority
C. Terms of the Contract
1. Mandatory Provisions
2. Main Provisions of the Contract
(a) Term of the Guarantee
(b) Amount of the Guarantee
(c) Plurality of Guarantors
(d) Immediate Recourse against the Guarantor
D. Obligations of the Beneficiary
IV. Maintaining and Releasing a Guarantee
A. Modification of the Guaranteed Obligation or of the parties to the Underlying Operation
1. Modification of the Underlying Contract
2. Change of the Parties to the Underlying Obligation or to the Guarantee
B. Release of the Guarantee
V. Enforcement of the Guarantees
A. The Call Mechanism
1. The Call Procedure
(a) Conditions of the Call
(b) Form of the Call
(c) Time of Calls
(d) Limitation on the Right to Payment
2. Defences of the Guarantor
(a) The Guarantor's Own Counter-claims
(b) Counter-claims Derived from the Underlying Operation
(c) Other Defences
3. Consequences of the Opening of an Insolvency Proceeding against the Principal
4. Claim against the Principal, before Payment
5. Claim against the Principal, after Payment
B. Judicial Enforcement
1. Obtaining a Local Judgment
(a) Judicial Competency
(b) Emergency Interim Proceedings
(c) Preservation of the Guarantee
2. Enforcing a Foreign Judgment/Decision
(a) Applicable Law
(b) Recognition of Foreign Judgments and Arbitral Awards
VI. Annexes
A. References
1. Primary Documentation
(a) Statutory Legislation
(b) Case Law
2. Secondary Documentation
(a) Paper Publications
B. Standard Documents
1. Standard Bank Guarantee
2. Other Standard Documents
Annex Detailed Table of Contributors

Systemvoraussetzungen

Als PDF speichern Als Link merken