suretyship
n . 保证人的地位[责任]
保证人的地位[责任]
Suretyship \
Sure "
ty *
ship \,
n .
The state of being surety ;
the obligation of a person to answer for the debt ,
default ,
or miscarriage of another .
--
Bouvier .
[
1913 Webster ]
SURETYSHIP ,
contracts .
An accessory agreement by which a person binds himself for another already bound ,
either in whole or in part ,
as for his debt ,
default or miscarriage .
2 .
The person undertaken for must be liable as well as the person giving the promise ,
for otherwise the promise would be a principal and not a collateral agreement ,
and the prommissor would be liable in the first instance ;
for example ,
a married woman would .
Not be liable upon her contract ,
and the person who should become surety for her that she would perform it would be responsible as a principal and not as a surety .
Pitm .
on P . &
S .
13 ;
Burge on Sur .
6 ;
Poth .
Ob .
n .
306 .
If a Person undertakes as a surety when he knows the obligation ,
of the principal is void ,
he becomes a principal :
2 Id .
Raym .
1066 ;
1 Burr .
373 .
3 .
As the contract of suretyship must relate to the same subject as the principal obligation ,
it follows that it must not be of greater extent or more onerous '
either in its amount ,
or in the time or manner ,
or place of performance ,
than such principal obligation ;
and if it so exceed ,
ii will be void ,
as to such excess .
But the obligation of the surety may be less onerous ,
both in its amount ,
and in the time ,
place and manner of its performance ,
that of the principal debtor ;
it may be for a less amount ,
or the time may be more protracted .
Burge ,
on Sur .
4 ,
5 .
4 .
The contract of suretyship may be entered into by all persons who are sui juris ,
and capable of entering into other contracts .
See Parties to contracts .
5 .
It must be made upon a sufficient consideration .
See Consideration .
6 .
The contract of suretyship or guaranty ,
requires a present agreement between the contracting parties ;
and care must be taken to observe the distinction between an actual guaranty ,
and an offer to guaranty at a future time ;
when an offer is made ,
it must be accepted before it becomes binding .
1 M . &
S .
557 ;
2 Stark .
371 ;
Cr .
M . &
Ros .
692 .
7 .
Where the statute of frauds ,
29 Car .
II .,
c .
3 ,
is in force ,
or its principles have been adopted ,
the contract of suretyship "
to answer for the debt ,
default or miscarriage of another person ,"
must be in writing , &
c .
8 .
The contract of suretyship is discharged and becomes extinct ,
1st .
Either by the terms of the contract itself .
2d .
By the acts to which both the creditor and principal alone are parties .
3d .
By the acts of the creditor and sureties .
4th .
By fraud .
5th .
By operation of law .
9 .-
Sec .
1 .
When by his contract the surety limits the period of time for which he is willing to be responsible ,
it is clear he cannot be held liable for a longer period ;
as when he engages that an officer who is elected annually shall faithfully perform his duty during his continuance in office ;
his obligation does not extend for the performance of his duty by the same officer who may be elected for a second year .
Burge on Sur .
63 ,
113 ;
1 McCord ,
41 ;
2 Campb .
39 ;
3 Ad . &
Ell .
N .
S .
276 ;
2 Saund .
411 a ;
6 East ,
512 ;
2 M . &
S .
370 ;
New R . (
5 B . &
P .)
180 ;
2 M . &
S .
363 ;
9 Moore ,
102 .
10 .-
Sec .
2 .
The contract of suretyship becomes extinct or discharged by the acts of the principal and of the creditor without any act of the surety .
This may be done ,
1 .
By payment ,
by the principal .
2 .
By release of the principal .
3 .
By tender made by principal to the creditor .
4 .
By compromise .
5 .
By accord and satisfaction .
6 .
By novation .
7 .
By delegation .
8 .
By set -
off .
9 .
By alteration of the contract .
11 .-
1 .
When the principal makes payment ,
the sureties are immediately discharged ,
because the obligation no longer exists .
But as payment is the act of two parties ,
the party tendering the debt and the party receiving it ,
the money or thing due must be accepted .
7 Pick 88 ;
4 Pick .
83 ;
8 Pick .
122 .
See Payment .
12 .-
2 .
As the release of the principal discharges the obligation ,
the surety is also discharged by it .
13 .-
3 .
A lawful tender made by the principal or his authorized agent ,
to the creditor or his authorized agent ,
will discharge the surety .
See .
2 Blackf .
87 ;
1 Rawle ,
408 ;
2 Fairf .
475 ;
13 Pet .
136 .
14 .-
4 .
When the creditor and principal make a compromise by which the principal is discharged ,
the surety is also discharged .
11 Ves .
420 ;
3 Bro .
C .
C .
1 ;
Addis .
on Contr .
443 .
15 .-
5 .
Accord and satisfaction between the principal and the creditor will discharge the surety ,
as by that the whole obligation becomes extinct .
See Accord and satisfaction .
16 .-
6 .
It is evident that a simple novation ,
or the making a new contract and annulling the old ,
must ,
by the destruction of the obligation ,
discharge the surety .
17 .-
7 .
An absolute delegation ,
where the principal procures another person to assume the payment upon condition that he shall be discharged ,
will have the effect to discharge the surety .
See Delegation .
18 .-
8 .
When the principal has a just set -
off to the whole claim of the creditor ,
the surety is discharged .
19 .-
9 .
If the principal and creditor change the nature of the contract ,
so that it is no longer the same ,
the surety will be discharged ;
and even extending the time of payment ,
without the consent of the surety ,
when the agreement to give time is founded upon a valuable consideration ,
is such an alteration of the contract as discharges the surety .
See Giving Time .
20 .-
Sec .
3 .
The contract is discharged by the acts of the creditor and surety ,
1 .
By payment made by the surety .
2 .
By release of the surety by the creditor .
3 .
By compromise between them .
4 .
By accord and satisfaction .
5 .
By set off .
21 .-
Sec .
4 .
Fraud by the creditor in relation to the obligation of the surety ,
or by the debtor with the knowledge or assent of the creditor ,
will discharge the liability of the surety .
3 B . &
C .
605 ;
S .
C .
6 Dowl . &
Ry .
505 ;
6 Bing .
N .
C .
142 .
22 .-
Sec .
5 .
The contract of suretyship is discharged by operation of law ,
1 .
By confusion .
2 .
prescription ,
or the act of limitations .
3 .
By bankruptcy .
23 .-
1 .
The contract of suretyship is discharged by confusion or merger of rights ;
as ,
where the obligee marries the obligor .
Burge on Sur .
256 ;
2 Ves .
p .
264 ;
1 Salk .
306 ;
Cro .
Car .
551 .
24 .-
2 .
The act of limitations or prescription is a perfect bar to a recovery against a surety ,
after a sufficient lapse of time ,
when the creditor was sui juris and of a capacity to sue .
25 .-
3 .
The discharge of the surety under the bankrupt laws ,
will put an end to his liability ,
unless otherwise provided for in the law .
26 .
The surety has the right to pay and discharge the obligation the moment the principal is in default ,
and have immediate recourse to his principal .
He need not wait for the commencement of an action ,
or the issue of legal process ,
but he cannot accelerate the liability of the principal ,
and if he pays money voluntarily before the time of payment arrives ,
he will have no cause of action until such time ,
or if he pays after the principal obligation has been discharged ,
when he was under no obligation to pay ,
he has no ground of action ,.
27 .
Co -
sureties are in general bound in solido to pay the debt ,
when the principal fails ,
and if one be compelled to pay the whole ,
he may demand contribution from the rest ,
and recover from them their several proportions of their common liability in an action for money paid by him to their use .
6 Ves .
807 ;
12 M . &
W .
421 8 M . &
W .
589 ;
4 Scott ,
N .
S .
429 .
See ,
generally ,
15 East ,
R .
617 ;
Yelv .
47 n .;
20 Vin .
Ab .
101 ;
1 Supp .
to Ves .
jr .
220 ,
498 ,
9 ;
Ayliffe '
s Pand .
559 ;
Poth .
Obl .
part 2 ,
c .
6 ;
1 Bell '
s Com .
350 ,
5th ed .;
Giting time ;
Principal ;
Surety .
安装中文字典英文字典查询工具!
中文字典英文字典工具:
复制到剪贴板
英文字典中文字典相关资料:
Novak Djokovic VS Alexander Zverev | Head 2 Head - ATP Tour View rivalry results and stats for matches on the ATP Tour
Novak Djokovic vs Alexander Zverev H2H Live Scores - TennisStats. com H2H data, Results, Live scores, and performance comparison on all matches between Novak Djokovic and Alexander Zverev
Alexander Zverev Novak Djokovic live score and H2H results - Sofascore Alexander Zverev v Novak Djokovic is part of French Open, Paris, France Results of the previous head to head matches between Alexander Zverev and Novak Djokovic are also available on Sofascore
H2H Novak Djokovic Vs Alexander Zverev stats, prediction, head 2 head . . . Preview, head to head and prediction for the upcoming match of Novak Djokovic vs Alexander Zverev Draw, odds and H2H rankings progression with comparison between the 2 players about their performance on hard courts, grass, clay and carpet
Alexander Zverev vs Novak Djokovic H2H - Tennis Stats, Head to Head Matches Alexander Zverev vs Novak Djokovic head-to-head: H2H record, recent form, match stats and pressure points analysis Compare ATP players
Full match Djokovic vs Zverev quarter-final | Roland-Garros 2025 Watch the 2025 Men's singles quarter-final between Novak Djokovic and Alexander Zverev in full 00:00:00 | Match preview more
Djokovic - Zverev, head-to-head | Tennis Explorer Note: The Djokovic Novak - Zverev Alexander head-to-head summary includes also exhibition matches and team competitions matches (ie Davis Cup, Fed Cup, Hopman Cup etc )
Novak Djokovic vs Alexander Zverev head-to-head record, last 5 meetings After three hours of intense tennis action, Djokovic triumphed 4-6, 6-3, 6-2, 6-4 to book his place in the semi-finals and take one more step closer to an unprecedented 25th Major His h2h lead over Zverev also sprang to 9-5 in 14 meetings with the pair altering victories in their last five matches
How Novak Djokovic frustrated Alexander Zverev with a trick everyone . . . As Novak Djokovic looked to close out victory over Alexander Zverev in the French Open quarter-finals, he went back to the tactic he had deployed throughout the night session match on Court
Alexander Zverev - Wikipedia Despite being a heavy underdog and having just lost to Djokovic earlier in the week, Zverev won the final in straight sets for the tenth and biggest title of his career