Sicherheitsleistung durch Bankbürgschaft im Zivilprozess

Bank guarantees are the common means of security in German civil proceedings. In spite of comprehensive judicial decisions on this subject, there are still many debatable questions. Claudia Mayer describes the particularities and statutory requirements of procedural securities and studies in particular the liability for the costs of the security provided either by the judgement creditor in order to start enforcement proceedings or by the judgement debtor in order to avoid the enforcement. She also deals with the suitability of foreign banks as guarantors for the proceedings. Taking the latest judicial decisions into account, the author analyzes potential bases for claims for the reimbursability of the creditor's enforcement costs or the costs of the debtor's counter- or resistance action.