الطبيعة القانونية لخطاب الضمان البنكي

Abstract EN

The banking guarantee letter is the most important form of the credit services provided by banks to their customerso.

It has been characterized by several characteristics that have highlighted its specificity.

Its effects are not confined to the two sides of the relationship but extend to a set of rights for third party who are not parties to the agreement.

This is a deviation from general rules, and the letter of guarantee plays a large role for economic agents to stimulate investment and facilitate business transactions, especially in the field of foreign trade, as it has become a successful form of modern banking operations, so Among the problematics raised by the letter of guarantee is that its types cannot be counted or enumerated; the second problematic is the difficulty of its characterization, since there is no special legal system governing this banking process, which leaves the bank free to issue it in accordance with terms and procedures determined by banking norms, the matter adopted by the Algerian legislator.

But this may raise the problem of judicial supervision on the banks' actions in the event of arbitrariness, or preference for a client over another, in addition to the issue of providing legal protection to economic clients whose transactions are subject to letters of guarantee issuing and the extend of how this affects fast and creditworthy business transactions.