Abstract

In its judgment of 2 March 2023, II CSKP 905/22, the Supreme Court stated that the purpose of granting a guarantee is, in principle, to secure a claim, while the parties may shape the guarantee agreement in such a way so that the obligation arising thereunder is independent (non-accessorial) in relation to the basic (secured) relationship existing between the applicant and the beneficiary. Applying the construction concerning the abuse of the right to demand payment of the guarantee, provided for in Art. 5 of the Civil Code, should be of an exceptional nature, limited to cases where the rights of the beneficiary are abused in a manner manifestly contrary to the purpose of the guarantee, for example to obtain undue benefits, or when the guarantee is used as a result of the collusion of the parties concerned.