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Conclusion

As demonstrated, guarantee agreements and suretyship agree-

ments are two different types of agreements which can be easily mis-

taken for one another. However, it is important to discern between the

two, and the above-stated criteria may be used to do so. However, the

criteria stated above are separately insufficient for the determination of

the nature of an agreement. Besides, each legal relationship has its

unique conditions. Therefore, each situation must be assessed on a

case-by-case basis when determining if a security relationship is a

guarantee agreement or a suretyship agreement.

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NEWSLETTER 2012