Although these guarantees are not signed by both parties and may even be oral in nature, most companies understand the goodwill that comes from complying with the declared guarantee guidelines. This is especially true for companies that sell products online or on television, who know that it is important to keep the customer in a good mood to repeat the deal and who are willing to accept returned items as a matter of activity. In England, the common-law terms of a guarantee are the same as any other contract. The mutual agreement of two or more parties, the competence to bear and the precious consideration. [38] [39] A guarantee offer must be accepted either by express acceptance or implicitly. The most productive reason for firing a guarantor is usually the result of the creditor`s behaviour. The principle of the rule is that if the creditor violates all the rights that the creditor held when he received the guarantee, while the damage is only nominal, the guarantee cannot be implemented. Guarantee relief may be made (1) by a change in the terms of the contract between the creditor and the principal debtor or between the creditor and the surety company; [74] (2) by the assumption of a new guarantee by the principal debtor instead of the original debtor; (3) by the creditor who releases the principal debtor from liability; (4) by the creditor who undertakes to give the principal debtor the time necessary to pay the secured debt; or (5) by loss of securities received by the creditor in respect of secured debt. The first four of these acts are collectively referred to as “innovation.” In general, the main obligation necessarily determines that of the guarantee, not only in England, but also elsewhere. [75] According to most civil codes, the guarantee is discharged by the creditor`s conduct, which is incompatible with the guarantee rights,[76] although the rule in England, Scotland, America and India exempts the guarantee of liability if the creditor extends the time to complete the principal debt without the creditor`s agreement. , while it is recognized by two existing civil codes,[77] is rejected by the majority of them. [78] The revocation of the parties` bond contract by deed or, in some cases, the death of the guarantee, may also be used to lighten the guarantee.
With respect to the nature of the notification or memorandum of the guarantee that the law of fraudsters will comply, “do not make a special commitment to incriminate by a person, after the adoption of that act, the fault, delay or miscarriage of another person, in writing and signed by the party, or any other person authorized by him legitimately. , is deemed invalid to support a legal action, action or other procedure to incriminate the person who would have been the subject of such a commitment only because the consideration of that undertaking does not appear in writing or by the necessary conclusion of a written document.” [22] Any writing that embodied the terms of the agreement between the parties and which will be signed by the party to be raised is compliant; and the idea of the agreement should not be in the mind of the person who signed it. [23] However, it is necessary that the names of the contracting parties appear in writing somewhere; That the mandated party or its agent should sign the agreement or any other document relating to it; and that there is a full agreement on the transcript or memorandum. The memorandum must not be at the same time as the agreement itself. [24] There are no fixed rules of interpretation as to whether or not a guarantee persists, but each case must be assessed on its individual merits. In order to obtain a correct design, it is often necessary to examine the circumstances of the environment, which often indicate the purpose that the parties took into consideration during the warranty and what was the magnitude and purpose of the transaction between them.
