The bank's commitment is abstract. He was irrevocably committed to pay against the simple demand of the beneficiary. No unilateral connection that promise made by the bank, with discussions arising in the original contract.
No obligation of the bank and while its obligation to pay becomes effective before the breach of the scrisoare garantie bancara obligation of the payer, not for entering determine whether this occurred or not by examining the fundamental contract or proceeds to establish the origin or reasons for that action.
The bank simply verifies that the condition laid down in the credit will be credited in the manner stipulated therein and pays no fit, we must insist, oppose objection derived from fundamental contract, since credit is a contract standby independent or autonomous fundamental contract guarantees.
Contains the credit all conditions of operation and defines the rights and obligations of the parties, so that any dispute over the enforceability of payment or documents, is resolved only in relation to the terms set forth in the letter and not to any other contract or agreement.
Simple bank guarantees:
The simple scrisoare garantie bancara are instruments that provide financial institutions for particular person safely and clarity of its content, in solidarity, unconditional, irrevocable and automatic, through which the Bank provides to a customer to a third party.
Liability defined as the obligation of a person to repair the damage caused to another by its own act, or by the fact of persons or things dependent on it.
Traditionally the doctrine distinguishes two broad categories of liability: the contract, comprising the system of compensation for damages caused by negligent breach of an scrisoare garantie bancara obligation arising under a contract, and tort, comprising the compensation scheme damages caused by negligent breach of an investigation or a pre-existing behavior is not derived from any contract or in any agreement between agent and victim. The liability includes repairing obligations derived from sources other than the contract, wrongful act, abuse of law.
In civil liability, whenever the need arises to repair a wrongful damage is found invariable elements present in each and every one of these situations, namely: a breach of a preexisting conduct is protected, preset or imposed by the legislature, a guilt that accompanies such non-compliance, an injury caused by negligent breach and the damage caused.
Features of liability:
The liability has the primary responsibility for repairing the damage caused and not punishment for causing the damage, therefore the degree of guilt incurred has relatively little influence on the extent or amount of compensation. While in some cases it is necessary to differentiate when it is caused by intent or because, in most situations, the important thing is to repair all the damage, regardless of the degree of fault that produces it.