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Independent bank guarantees as protection against breach of contract in international trade
Independent bank guarantees are commonly used in international trade as protective means in order to ensure that the underlying obligation is properly fulfilled. These guarantees take a number of different forms and are often interlinked in one and the same major international transaction. It is ess...
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| Format: | Thesis |
| Language: | English English |
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School For Advanced Legal Studies
2026
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| _version_ | 1867614440954789888 |
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| access_status_str | Open Access |
| author | Schelenz, UIf |
| author2 | Hare, John |
| author_browse | Hare, John Schelenz, UIf |
| author_facet | Hare, John Schelenz, UIf |
| author_sort | Schelenz, UIf |
| collection | Thesis |
| description | Independent bank guarantees are commonly used in international trade as protective means in order to ensure that the underlying obligation is properly fulfilled. These guarantees take a number of different forms and are often interlinked in one and the same major international transaction. It is essential for the participants to know about the operation of bank guarantees and to be aware of the risks involved. Frequently the parties' attention is taken up with negotiation of the substantive contract and insufficient time is allocated for consideration of the text of the guarantee. As an international businessman of a major company and former European counsel to Citibank emphasizes, 'there is a widespread but erroneous belief that employers never call these guarantees'. 1 Accordingly, insufficient effort is made to negotiate them and useful protective measures are not incorporated. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/43239 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:52:05.288Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| publisher | School For Advanced Legal Studies |
| publisherStr | School For Advanced Legal Studies |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/43239 Independent bank guarantees as protection against breach of contract in international trade Schelenz, UIf Hare, John Bank International trade Independent bank guarantees are commonly used in international trade as protective means in order to ensure that the underlying obligation is properly fulfilled. These guarantees take a number of different forms and are often interlinked in one and the same major international transaction. It is essential for the participants to know about the operation of bank guarantees and to be aware of the risks involved. Frequently the parties' attention is taken up with negotiation of the substantive contract and insufficient time is allocated for consideration of the text of the guarantee. As an international businessman of a major company and former European counsel to Citibank emphasizes, 'there is a widespread but erroneous belief that employers never call these guarantees'. 1 Accordingly, insufficient effort is made to negotiate them and useful protective measures are not incorporated. 2026-05-19T09:33:31Z 2026-05-19T09:33:31Z 2001 2026-05-19T09:27:57Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/43239 en eng application/pdf School For Advanced Legal Studies Faculty of Law University of Cape Town |
| spellingShingle | Bank International trade Schelenz, UIf Independent bank guarantees as protection against breach of contract in international trade |
| thesis_degree_str | Master's |
| title | Independent bank guarantees as protection against breach of contract in international trade |
| title_full | Independent bank guarantees as protection against breach of contract in international trade |
| title_fullStr | Independent bank guarantees as protection against breach of contract in international trade |
| title_full_unstemmed | Independent bank guarantees as protection against breach of contract in international trade |
| title_short | Independent bank guarantees as protection against breach of contract in international trade |
| title_sort | independent bank guarantees as protection against breach of contract in international trade |
| topic | Bank International trade |
| url | http://hdl.handle.net/11427/43239 |
| work_keys_str_mv | AT schelenzuif independentbankguaranteesasprotectionagainstbreachofcontractininternationaltrade |