თავდებობის ხელშეკრულების ნამდვილობის წინაპირობები და თავდების პასუხისმგებლობის ფარგლები

The theme of the present work is “Prerequisities for the validity of the suretyship agreement and the scope of the surety’s liability.” I will also discuss surety’s regulatory legal norms, the form of the agreement and the main aspects of surety’s liability and prerequisities of the agreement. Practical-legal aspects, case law will also be discussed.
The suretyship is one of the most effective ways of securing demand, therefore, it is quite actively used in credit relations nowadays.
The presented theme will discuss in detail the concept of suretyship, the scope of liability, which is one of the most important detail in agreement. The necessary conditions for real agreement will also be presented.
The research includes an introduction, ten chapters, which will discuss important aspects of the surety institution, conclusion and bibliography. Chapter I explains the concept of suretyship and it’s legal nature. Chapter II includes the types of suretyship. Chapter III deals with the preconditions for the validity of the contract and discusses in detail all conditions, that make real surety agreement. Chapter IV includes the rights and obligations of the participants under the surety agreement. Chapter V discusses one of the most important terms of the surety agreement-the scope of the guarantor’s liability, it will also show the cases, when the limit of liability may be increased or decreased. Chapter VI presents surety’s rights and claims against the creditor. Chapter VII includes the separation of suretyship from similar institutions, while Chapter VIII presents a comparative legal analysis of the norms about suretyship on the example of foreign countries. Chapter IX includes the conditions of the released liability and the chapter X presents the grounds for the termination of the surety contract.
The paper will present a comparative-legal analysis of suretyship in relation to the regulatory legislation to other countries, as well as a comparison of suretyship with neighboring institutions.