How independent is the independent warranty?

Trukhan Roman Petrovich

The article discusses the controversial issues of accessory relatively new in the Russian law of the security obligation-an independent guarantee. Considering the construction and dynamics of the legal relations of obligations provided by the additional obligation, the author comes to the conclusion that the independent guarantee has the property of accessory. This conclusion is based on the distinction of such civil categories as transaction and obligation, and is confirmed by the analysis of the review of judicial practice, which connects the obligations of the guarantor with the actual ratio of mutual claims of the beneficiary and the principal, both in the framework of the current transaction, and in case of its invalidity.

Keywords:civil law, obligation, security agreements, supporting obligations