Poręczenie jako osobiste zabezpieczenie wierzytelności pieniężnych w prawie polskim i niemieckim. Wybrane zagadnienia

Guaranty as a personal security of the money creditors in Polish and German laws - selected problems.

The above article presents the guaranty contract on the grounds of the Polish civil code and German BGB. The regulations somehow similar have, however, some discrepancies, pointing out of which is the main objective of the article. For the contrastive analysis the relevant publications and court decisions of the both systems have been used.  The first part of this work is devoted to the discussion of the nature of the guaranty contract and its applications. The guaranty is one of the ways to protect creditors. It is used in banks and as an inexpensive and effective means of securing the return of loans made in the aid - loan departments.  The guaranty can be given by private people, legal institutions and the Exchequer. ln Germany. the practice of issuing the guaranty by the institutions associating contractors of a given branch has developed in addition.  Then, l turned to the content and form of the contract especially pointing out the differences between the Polish and German systems, and the solutions proposed by the court decisions.  In the main body of the article, I presented the legal character of the guaranty contract. The most doubts, in the case of the both laws are connected with the evaluation whether it is a mutual or causative contract and what is the possible cause. ln German law it is explicitly the subsidy rule, and in Polish law the conclusion is not that unequivocal. However, there is no doubt that the guaranty has the dependent character with the relation to the main obligation.  The presented comparison showed various possibilities of the regulation of the same legal institution. Maybe some of the German solutions might be used in the proposed change ofthe civil code in Poland.