News

11.05.2018.

Guarantor exempt from payment obligations under the Loan agreement

District court in Banja Luka rendered a Decision no. 71 0 Mal 206747 17 Gž from 23 November 2017 whereby it overturned the Decision of the Basic court in Banja Luka no. 71 0 P 206747 15 P from 14 October 2016 and rejected the plaintiff′s (Bank) claim whereby the plaintiff requested the aval and the guarantor from the Loan agreement, to pay the amount which, along with the statutory interest, exceeds BAM 50.000,00. Namely, since this dispute involved bill of exchange (blank bill of exchange was a loan security), the court decided that the guarantor, unless indicated otherwise, has the same liabilities to the holder of the bill as the drawer, and the statute of limitations of one year from the date when the bill of exchange is due applying, in accordance to relevant provision of the Bill of exchange act. Rejecting the claim, the court obliged the bank to bear procedural costs. Therefore, guarantors from the loan agreement are not always under obligation to comply with bank′s request to pay unsettled loan liabilities.

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