الأساس القانوني لخطابات الضمان المصرفية في القانونين المصري والليبي

Abstract

     Whereas bank letters of guarantee are one of the most important forms of bank credit and their importance as a legal mechanism for development and a more accessible alternative to the contracting parties than cash and in-kind insurance, and their independence and subjectivity, and since the legal theories stipulated in the Civil Code are not suitable to be a legal basis for bank guarantees, and this was evident in the Libyan Law for Commercial Activity No. 23 of 2010, as well as in comparison with the new Egyptian Commercial Law No. 17 of 1999, The jurisprudential opinions have varied in determining the legal basis for bank letters of guarantee, we have presented these opinions all study and research in independent investigations of the aspects that show the most likely opinion of them through the study of the aspect of the requirement for the interest of others and representation in fulfillment as well as the individual will of the parties and the status of the guarantee contract and we have reached the comprehensive and most likely opinion, which is considered independent and subjective in particular, which came detailed in our research this.