Guarantee self is defined in the Civil Code since the order of 23 March 2006.En Indeed, section 2321 of the Civil Code as "any obligation whereby the guarantor undertakes, in consideration of a bond underwritten by a third party to pay a sum to be the first application or on terms agreed. " It is necessary to specify that the guarantor's obligation is independent of the secured transaction and therefore characterized by unenforceability of exceptions from this operation. ("Collateral" Michel Farge) can be compared independent guarantees to bail because of commitments made by a third party as security for the debt of a principal debtor.
In international practice, one can count three types of guarantees:
1.la bid guarantee which ensures that the contractor will follow up on his offer;
2.la advance payment guarantee which allows the master the authority to obtain the refund of advance payments in case of breach of contract by the contractor;
3.la performance guarantee covering the risks arising from the breach, improper performance or failure to meet deadlines.
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