Garantías independientes y cartas de patrocinio: las mejores alternativas para el comercio internacional

Mercantile contracts are developed mainly in an international context. This fact imposes to the contracting agents the obligation to constitute effective mechanisms of guarantees, in order to acquire certainty on the executions of those guarantees as opposed to the uncertainty and high costs arising...

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Bibliographic Details
Main Author: García Vásquez, Diego Fernando
Format: Article
Language:Spanish
Published: Universidad Externado de Colombia 2006
Subjects:
Online Access:http://dialnet.unirioja.es/servlet/oaiart?codigo=3623032
Source:Revista e-mercatoria, ISSN 1692-3960, Nº. 1, 2006, pags. 37-53
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Summary: Mercantile contracts are developed mainly in an international context. This fact imposes to the contracting agents the obligation to constitute effective mechanisms of guarantees, in order to acquire certainty on the executions of those guarantees as opposed to the uncertainty and high costs arising from executing a guarantee through a major judicial procedure. This necessity also applies to financial institutions in order to act as creditors of corporate groups. Independent guarantees and sponsorship letters are the mechanisms that satisfy the previously mentioned needs effectively and efficiently, according to the demands of international mercantile traffic: the first one, due to the fact that in order to execute the guarantee it is only necessary the requirement of the beneficiary of the guarantee in that sense; the second type, due to the confidence obtained within the financial market when a corporate group grants credits of their branches.