IMPACT OF LIQUIDATION OF A LEGAL ENTITY WHICH IS THE DEBTOR ON THE EXISTENCE OF A GUARANTOR’S OBLIGATION

The article is devoted to the problem of determining the consequences of liquidation of a legal entity (which is the debtor for the main obligation) to the existence of a third party obligation under the contract of guarantee. Based on the analysis of scientifi c developments, court practice and current legislation, it has been established that the only reason for maintaining the validity of a guarantee under the condition of liquidation of a legal entity which is the debtor is the timely fi ling a claim by the creditor as a result of violation of obligations by the debtor. The possibility of using these consequences is substantiated also in cases related to the termination of a pledge if the pledgor was a third person.