Unified UAE Legislation Database

Federal Supreme Court - Commercial Appeal No. 671 of 2024 on Guarantees in Commercial Obligations

Status

In force

Issuing Authority

Federal Supreme Court

Effective date

XX.XX.XXXX

Official Link

https://

Session on Tuesday, June 25, 2024 
Headed by Judge Shihab Abdulrahman Al-Hammadi, "Head of the Department" with the membership of Judges Mohammed Ahmed Abdul Qader and Abdullah Boubaker Al-Siri.

 

(1-4) Commercial Transactions ‘Commercial Obligations’ ‘Civil Transactions’ Contracts Insurance contracts: Bail: Effects of the Guarantee between the Guarantor and the Creditor. ‘Insurance in Kind: Insurance pledge: Effects of pledge: Effects of pledge between the contracting parties in relation to the pledgee.’


1. Two or more persons committed to a commercial debt. Their solidarity in the performance of the debt, unless the law or agreement stipulates otherwise.

 

2. One of the effects of the guarantee between the guarantor and the creditor is that the creditor may claim the principal or the guarantor or both. Rationale: If the law gives a person a licence to use a right, he is not liable for not using it. The guarantor's assets may not be executed before the execution of the assets securing the debt. The condition for this is that the debt must be secured by insurance in kind prior to the gu...