Abstract

The paper deals with the legal nature of the obligation undertaken by the giver of an aval who effects the guarantee for the account of the maker of the promissory note. In the literature the prevailing view is that such guarantor cannot base defenses against his liability on the instrument on the defenses which the person for whom he became the guarantor may invoke. In the analyzed decision the Polish Supreme Court also shares this opinion, adding however that the personal relation between the giver of an aval and the payee may justify the liability of the guarantor if the payee is entitled to make the claim arising from the underlying transaction against the maker.