وقت و نطاق الرجوع على الكفيل : دراسة تحليلية في ضوء قانون المعاملات المدنية الإماراتي

الملخص EN

This study relates to the sponsorship contract according to the provisions stipulated in Articles: 1056 to 1105, of the UAE civil transactions law.

the study is limited to dealing with a partial issue in the sponsor’s relationship with the creditor related to the creditor’s right of recourse to the guarantor by virtue of the fact that he is a guarantor to fulfill the principal’s obligation.

the study discusses in this regard two issues: first, it discusses conditions where the creditor is entitled to claim against the guarantor, with reference to content, designation and terms’ effects of reimbursement.

second, it highlights issues concerning the scope of the creditor’s right to claim against the guarantor within two situations; in a broader context, the creditor has the right to claim against all parties connected to the debt and warranty without any ordinal or temporal limitations.

in a narrower context, however, the creditor is required to adhere to specific limitations and priority arrangements for claiming against the guarantor.