Die Fusion von Bürgschaft und Garantie

Unlike the accessory suretyship, the independent guarantee is still not governed by statutory rules and must be given a dogmatic structure. However, differentiating between the two remains difficult, especially since for some time the written law and the practice of personal security have been drifting apart. Christian Förster suggests a new approach: the fusion of suretyship and independent guarantee into a single instrument. Based on this approach, distinctions would only be necessary if they lead to a different legal outcome. Furthermore, in a detailed analysis using a broad comparative scope including several jurisdictions, the author shows that it is possible to find a common regulation which is not only more convincing from a systematic perspective but above all accommodates the needs of modern legal reality.