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La pratique de la garantie indépendante en Arabie Saoudite : étude comparée au droit français

Abstract : The autonomous nature of the guarantor's engagement constitutes in the independent guarantee, a golden rule which favours its practice in Saudi Arabia. By opposition to the secondary nature of guarantor's commitment in the cautionnement, the guarantor has the obligation to pay the total amount of the guarantee as soon as the beneficiary requires it and he cannot put forward any argument or refusal derived from the underlying relationship. The independent guarantee fulfilled the function of deposit of money which creditors have given up remission because of its anti-economic nature. The practice of independent guarantee in Saudi Arabia is marked by the evolution of this kind of engagement which has changed from a conditional guarantee to an unconditional first demand guarantee. This evolution is essentially linked to the contributions of the Saudi central bank, SAMA (Saudi Arabian monetary agency) which has intervened many times, in accordance with its statutory power, in order to organize the relationship between the parties in the guarantee operation. Relying on saudian decisions in this matter, our study consists in deepening the features of the guarantee as it is applied in Saudi Arabia and in comparing the retained solutions with those of the common law every time it is opportune.
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Submitted on : Tuesday, April 24, 2018 - 4:09:47 PM
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  • HAL Id : tel-01777035, version 1



Amr Rajab. La pratique de la garantie indépendante en Arabie Saoudite : étude comparée au droit français. Droit. Université Nancy 2, 1994. Français. ⟨NNT : 1994NAN20012⟩. ⟨tel-01777035⟩



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