Limitation Of Liability Under The Contract Of Guarantee Under Roman Law

  • O.V. Liashenko
Keywords: Roman law, guarantee, agreement, contract of guarantee, loan, borrower, debtor or guarantor.


The article analyzes the cases of limitation of liability under the contract of guarantee. On the basis of Roman law and research bail, analyzed the relationship arising under the contract of guarantee. Expressed the author's view of the issues and concluded the contract on bail by the Ukrainian legislation.

The provisions of the Civil Code of Ukraine about bail (art. 554) don't reveal all the provisions, paculiar to the Institute of bail and in this regard the adoption of a separate law about bail has to settle disputes of law enforcement, in particular by introducing such concepts as private (family, unprofessional) surety; the involvement of the surety only with the consent of the principal debtor, otherwise the surety is deprived of the right of regressive claim to the principal debtor; restrictions of the wife right and a husband on surety contracts; the check the financial condition of the guarantor's solvency; and the prohibition of bail to heads of government legal entity for the obligations of such legal entities.