Scrisoare de confort. Acţiune în pretenţii formulată de creditor împotriva emitentului scrisorii de confort. Condiţii şi efecte în raport cu natura juridică a obligaţiei asumate de emitent

Letter of comfort. Action for claims filed by the creditor against the issuer of the comfort letter. Conditions and effects in relation to the legal nature of the obligation assumed by the issuer

Abstract

According to the provisions of Article 2.322 para. 1 of the Civil Code, the comfort letter is that irrevocable and autonomous commitment by which the issuer assumes an obligation to do or not to do, for the purpose of supporting another person, referred to as debtor, with a view to perform its obligations towards its creditor. The issuer cannot oppose to the creditor any defence or plea deriving from the obligational relationship between the creditor and the debtor.

The definition given by the legislator to the comfort letter does not show that undertaking an obligation shall be made by the issuer, "for...