Matter security law that can not be grasped if we establish limina initially, a distinstion between the terms security, credit and guarantee.
- Safety is a primary teacher or a mechanism that Safer's report requirement, ensuring its implementation. So there are close links between security and credit law. For example the loan of money, establish credit.
Safety is an essential element in the negotiation of a transaction crédit.Le security law responds to economic concerns, it is for the creditor to protect against the risk of insolvency of the debtor.
- The credit is generally the confidence that the creditor may have in the faculties of the debtor to pay its debts eventually.
Collateral is the essential means to ensure the security sought by the creditor and thus allow credit transactions. The credit will be made possible by the granting of security to the creditor. Those guarantees include collateral.
- Very often, the words "guarantee" and "security interests are combined, while security is the institution of civil or commercial law that guarantees the future performance of a debt of money to run. So it's a special kind of guarantee that is attached to the claim.
The guarantor perhaps a third person, in the case of bond .
The guarantor may be the debtor himself when he offers to guarantee performance or payment of a sum of money, goods from his heritage. This is the case mortgage or pledge .
Other legal institutions can have this guarantee. It is the case with the exception of default or breach resolution.
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