Protection of Guarantor in Law on Guarantor’s Protection in Federation of Bosnia and Herzegovina
Summary: Parliament of Federation of Bosnia and Herzegovina adopted Law on guarantor’s protection in 2013. It is a lex specialis which regulates legal protection of guarantor as a special category of persons in loan agreement. However, the law provides a numerous solutions which derogating general rules in obligation law, particularly rules in Law on obligations regarding loan agreement and warranty. In this paper, authors consider both certain rules regarding guarantor’s protection and their compliance with general rules in law of obligations. Definition of loan agreement and special regulation of relationship between creditor and guarantor are not in compliance with rules of warranty – general rules, structure and species. Moreover, there are some limits of freedom of contracting for those who has intention to guarantee for debtor’s liability in loan agreement. Authors in this paper consider validity and acceptability of special rules in order to find answer whether those rules match other relevant rules in positive legislation and do they serve to legal certainty.
International Burch University