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Settlement agreement relating to a non-existent legal relationship in light of selected judicial decisions

Settlement agreement relating to a non-existent legal relationship in light of selected judicial decisions

My article discussing selected judicial decisions on one of the issues concerning settlement agreement in civil law has been published in Monitor Prawniczy No. 12/2025. The question of the admissibility of settlement agreement concerning non-existent legal relationships is controversial both in legal doctrine and jurisprudence. Presenting older and more recent judicial decisions allows for a reconsideration of the discussed views. The text of the article is available in print and electronic version in Legalis. Enjoy your reading.

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LIABILITY OF THE GUARANTOR BY AVAL OF A BILL OF EXCHANGE

LIABILITY OF THE GUARANTOR BY AVAL OF A BILL OF EXCHANGE

Despite the fact that the same term was used under the Polish law (i.e. „poręczenie”) an aval is a separate institution from civil suretyship. Therefore unfortunately even some lawyers who do not deal with law on bills of exchange may be misled. An aval is a collateral securing receivable like civil suretyship however the rules under which a giver of an aval is liable are different and more strict. No wonder that aval is willingly applied in debtor creditor relations thus putting the creditor in a stronger position.

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