Supervisors info:
Καθηγητής Γ. Μιχαλόπουλος, Τμήμα Νομικής, Νομική Σχολή
Αναπληρωτής καθηγητής Γ. Λέκκας, Τμήμα Νομικής, Νομική Σχολή
Αναπληρώτρια Καθηγήτρια Α. Μικρουλέα,Τμήμα Νομικής, Νομική Σχολή
Summary:
Nowadays, the evolution of the overdraft account is undeniable, and it would be more appropriate to consider it today as a peculiar mechanism for extinguishing the guilt that is created by the two-person trading relationship. In particular, it is an ancillary, continuous and complex contract between two persons, agreeing that their respective claims and payments are recorded in a single account so that it is legally enforceable and payable only for the resulting balance of the transaction closing the account.
It is a fact that, in a socially and economically sensitive banking sector, the guarantee institution becomes distinct, taking into account that the entire spectrum of all forms of bank financing is inseparably linked to the provision of a guarantee.It is also true that the conclusion of contracts with stronger banking institutions and the acceptance of documents in specified pre-conditions, as in the guarantee agreement, often gives rise to an unquestionable difficulty in understanding and understanding on the part of the counterparty of the Bank of the precise meaning of legal and financial conditions contained in such documents, as well as the legal consequences of the commitments entered into.
In such cases, the need to protect the guarantor is outlined and is more prominent not only by invoking the protective provisions contained in the Civil Code but also by taking advantage of the additional protection that can be provided to the guarantor under the provisions for the protection of the consumer (Law 2251/1994). The application of these provisions, according to settled case law, is sufficiently justified both by the secondary nature of the guarantee and by the weakened position of the persons called upon to contract as guarantors by accepting pre-conditions and waiving their rights. In this context, a process of seeking arguments for the release of the guarantor and the creation of a satisfactory protection grid is initiated so that it does not suffer a defensive protection in relation to the principal debtor of the Bank, paralleling the altruistic nature of the guarantee provided.
Finally, this diploma thesis concludes with the examination of the position of the guarantor in the light of the law on the regulation of debts of indebted persons (Law 3869/2010). In particular, Law 3869/2010 introduces a section on what is already known, as to the incidental nature of the guarantee contract, which demonstrates the relationship between the guarantee agreement and the secured primary and lender agreement.The guarantee, which, according to the Civil Code, gives rise to a charge of guilt, since the obligation of the guarantor depends on the origin, the validity, the extent, the possibility of realization and the amortization of the principal debt is dealt with differently from the law.
Keywords:
account, guarantor, liability, consumer, banks, protection, liberalization, discharge, over-indebted natural persons
