The DCFR – Guarantee and Personal Security Contracts
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Angel Carrasco
Abstract
The present paper offers an approach to the main and most controversial topics embodied in the Chapter of the Book IV-G-DCFR referred to Personal Securities. The Chapter aims at giving an accurate model of Law built up upon the best tested rules chosen from the different Law systems of Europe. There is an obvious pretension to pick up Law experiences from different sources and to put a comprehensive Model, framed trough a syncretic compromise. However, most of the provisions set out in the Chapter mirror the common background of personal security Law developed trough centuries of uniform evolution of the ius commune in Europe. The cornerstone of the legislative approach still remains in the classic principle of guarantor's protection. Special consideration is given in the present paper to the regulation devoted to the global personal security, to the relationship between the dependent security and the duty stemmed out from a comfort letter, to the application of the general rules to the independent guarantees and to the possibilities and limits of a special regulation of personal security granted by consumers.
Articles in the same Issue
- Editorial
- The Structure of the DCFR – Which Approach for Today's Contract Law?
- Common Frame of Reference & Social Justice
- The Draft-Common Frame of Reference, Methodological Nationalism and the Way Forward
- Sense and Sensibilities: The DCFR and the Preservation of Cultural and Linguistic Plurality
- Pre-contractual Duties in the Draft Common Frame of Reference – What Relevance for the Negotiation of Commercial Contracts?
- The Draft Common Frame of Reference: Mistake and Duties of Disclosure
- Good faith and fair dealing in the DCFR
- The Draft Common Frame of Reference – Agency Authority and Its Scope – A Glance at Corporation Law
- The DCFR – Guarantee and Personal Security Contracts
- Burden of Proof in the Consumer Acquis and in the Draft Common Frame of Reference: Law, Fact and Things in Between
- The DCFR – Restitution, unjust enrichment and related issues
- EC Legislation. European Community Legislation and Actions
- Italy
- Free Movements and Contract Law
- Books Received and Book Reviews
Articles in the same Issue
- Editorial
- The Structure of the DCFR – Which Approach for Today's Contract Law?
- Common Frame of Reference & Social Justice
- The Draft-Common Frame of Reference, Methodological Nationalism and the Way Forward
- Sense and Sensibilities: The DCFR and the Preservation of Cultural and Linguistic Plurality
- Pre-contractual Duties in the Draft Common Frame of Reference – What Relevance for the Negotiation of Commercial Contracts?
- The Draft Common Frame of Reference: Mistake and Duties of Disclosure
- Good faith and fair dealing in the DCFR
- The Draft Common Frame of Reference – Agency Authority and Its Scope – A Glance at Corporation Law
- The DCFR – Guarantee and Personal Security Contracts
- Burden of Proof in the Consumer Acquis and in the Draft Common Frame of Reference: Law, Fact and Things in Between
- The DCFR – Restitution, unjust enrichment and related issues
- EC Legislation. European Community Legislation and Actions
- Italy
- Free Movements and Contract Law
- Books Received and Book Reviews
