The Supreme Court of Appeal recently found that a person who has been required to sign a bonding contract by fraud or misrepresentation of a third party and who is not aware of the nature of the documents he has signed is nevertheless bound by the agreement if the lender (creditor) is innocent and unaware of the security error and that the bonding contract is therefore valid and enforceable. Suppose the client`s obligation to the creditor is fully fulfilled and the guarantee contributed to that satisfaction. The guarantee is then allowed to be paid on the creditor`s rights against the client. In other words, the guarantee is in the creditor`s shoes and can assert against the client the rights that the creditor could have asserted if the obligation had not been met. The right to transfer Replaced one person for another person with a right or right. includes the right to take over the guaranteed actions that the creditor has received from the awarding entity to cover the levy. Sarah`s pizzeria owes Martha $5, 000, and Martha has an interest in Sarah`s Chevrolet. Eva is sure she has no debts. Sarah`s late for payment, and Eva`s paying Martha the $5, 000.
Eva has the right to transfer the safety interest to the car. It turned out that guarantee agreements and guarantee agreements are two distinct types of agreements that are easy to confuse. However, it is important to distinguish between the two and the above criteria can be used. However, the above criteria are not sufficient to determine the nature of an agreement. In addition, each legal relationship has its unique conditions. Therefore, each situation must be assessed on a case-by-case basis when it is established whether a security relationship is a guarantee agreement or a guarantee agreement. The General Amendment of Law Act, 50 of 1956, stipulates that a valid guarantee agreement must be included in a written document signed by or in the name of the surety. The existence of a principal obligation is a precondition for the validity of a guarantee agreement. The creditor can only demand the benefit of the guarantee if there is a principal debt and the principal debtor does not meet the principal debt between him and the creditor. The parties must also have a clear intention to enter into a guarantee agreement and the agreement must clearly state the parties, the nature and amount of the principal debt, and the extent and duration of the guarantee.