The Garantievertrag as an International Business Contract.
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Abstract
The paper analyzes the indemnity contract (bid bond, performance bond, advance payment guarantee) as a contract between entrepreneurs parties and as an «alien» contract, which means a contract created in Germany and in common law and after used in the Italian system. The focus of the paper is to verify if, notwithstanding the different context where the contract has been created, our system can offer remedies which are able to satisfy the needs of the international commerce and at the same time to protect the weaker party of the contract.
Keywords
- indemnity
- bid bond
- performance bond
- advance payment guarantee
- international contracts
- cause
- exception doli
- entrepreneurs
- clause on demand
