Abstract

This article analyses the institution of an insurance guarantee in the bankruptcy proceedings of the parties thereto on a practical example. In the first part, the legal grounds of a guarantee as well as the notion and function of a guarantee obligation were discussed; it was pointed out and substantiated that „an insurance guarantee contract” and „an insurance contract” constitute objectively (i.e. in view of their contents) separate types of contracts; a bank guarantee and an insurance guarantee were compared. The author presented also the juridical construction of the notion of a „future claim” and expressed a view that the legal relationship arising between the entity requesting a guarantee and an insurance company should be classified as an order within the meaning of Art. 734 et seq. of the Civil Code. Also the facts underlying the article were described. In the second part, the facts of the case which underlay the raising of the title issue were analysed and juridically assessed.