MECHANISM FOR REVOCATION AND MODIFICATION OF AN INDEPENDENT GUARANTEE WITH THE CONSENT OF THE BENEFICIARY

Author(s): Povarov Iu.S.

Rubric: Relevant issues of private law

DOI: 10.21777/2587-9472-2026-2-26-33

Release: 2026-2 (50)

Pages: 26-33

Keywords: revocation of an independent guarantee, modification of an independent guarantee, consent to a transaction, preliminary consent, subsequent consent, unilateral transaction, form of transaction

Annotation: The subject of a comprehensive analysis in the article is the multifaceted problem of agreeing with the beneficiary on the revocation and modification of an independent guarantee by the guarantor after its issuance (legal significance and procedure for giving consent, the nature and form of the beneficiary’s expression of will, etc.). The methodological basis of the study is made up of general theoretical (formal and dialectical logic) and specific scientific (legal- dogmatic, interpretation of legal norms, legal modeling, comparative legal) methods. As a result, the author, in particular, substantiates the theoretical acceptability and practical relevance of the constructs of revocation and modification of an independent guarantee; proves the rationality of adjusting the civil legislation in terms of giving the permit procedure the «status» of a basic one (taking into account which the beneficiary’s expression of will could be qualified as the consent of a third party to the transaction); recognizes the logic of not only subsequent, but also preliminary approval; indicates the inappropriateness of using the concept of the dependence of the form of the beneficiary’s expression of will on the form in which the independent guarantee is issued. In the text of the article, the Russian Federation is abbreviated as RF.

Bibliography: Povarov Iu.S. MECHANISM FOR REVOCATION AND MODIFICATION OF AN INDEPENDENT GUARANTEE WITH THE CONSENT OF THE BENEFICIARY // Journal of Legal Sciences. – 2026. – № 2 (50). – С. 26-33. doi: 10.21777/2587-9472-2026-2-26-33