In its classical form, a guarantee is an undertaking to pay a debt on the default of another. Different variations of guarantee have developed, including, see to it guarantee. A guarantee is also misdescribed as an indemnity as it covers losses of another. The financial instruments, indemnity, guarantee and bond form a spectrum but have very different rights and liabilities. GCCs have clauses on these financial instruments. The chapter details this spectrum of financial instruments and the overlaps among them.

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Guarantees

  • Akhileshwar Pathak

摘要

In its classical form, a guarantee is an undertaking to pay a debt on the default of another. Different variations of guarantee have developed, including, see to it guarantee. A guarantee is also misdescribed as an indemnity as it covers losses of another. The financial instruments, indemnity, guarantee and bond form a spectrum but have very different rights and liabilities. GCCs have clauses on these financial instruments. The chapter details this spectrum of financial instruments and the overlaps among them.