And if you are aware of the obligations and commitments arising from the signing of a loan agreement, you can protect yourself and your property if the terms of the contract have not been properly complied with by the principal debtor. A guarantee exists when a person enters into an agreement with a creditor (of the bank) on the guarantee for the payment of a bond by a principal debtor (your business). In Wurster et.al. v. Albrecht17 reviewed the section of the Sureties Act, cited above, by the Court of Appeal of the second arrondissement and found that the holder of the note would not be required, except for the legal provision, to comply with the security request. However, “the statute was undoubtedly adopted in order to make the diligence of a creditor mandatory to the end, so that a guarantee could be protected from loss.” 18 Therefore, if the guarantee is required in accordance with the provisions of Section 1 of the Sureties Act and if an action is not brought carefully by the creditor, the guarantee may be protected from liability to the creditor. When a person is required in writing, as a guarantee of another for the payment of the money or the performance of another contract, to make the decision that his adjudicating entity is likely to become insolvent or to move away from the state without executing the contract, he may require in writing that the creditor bring an immediate action against the contract; If the creditor does not take legal action within a reasonable time and with due diligence, continues to carry it through to the final judgment and continues to execute, the guarantee is released; However, this discharge does not in any way affect the creditor`s rights vis-à-vis the principal debtor16. Both the surety and the surety run a credit risk on the capital for the exercise of his right of appeal. This risk is greater for a warranty than for a warranty. Unlike the guarantee of a guarantee, the guarantor is not admitted or ceded into the rights of the creditor, even in the event of payment, which clearly increases the risk of the former. The conditions of grant will therefore be different for the two species. According to the analysis described above, the Court of Justice has removed the question of whether Parliament intended to distinguish between a guarantee and a guarantee, or whether Parliament intended to use the concept of security in its general sense to describe both the guarantee and warranty scenarios. The court found that because of the interlocking use of the concepts of security and security and the confusion associated with the use of the concept of security, Parliament did not use the kind of specific distinctions we discussed above, but used the word in the general sense.
37 This court did not propose any authority to determine what Parliament intended to do. The warranty is usually written and signed by the guarantor. But a warranty may be applicable, even if it is not written; the guarantee could be implicit in the behaviour of the parties, for example. B partial payment, as a result of a commitment made by the creditor to grant loans to the debtor. “There is a significant difference between the liability of a guarantor and that of a surety.