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Article 370: Independence of the guarantee from other obligations

📅 Updated: 30.09.2026

1. The guarantor ' s independent guarantee obligation to the beneficiary does not depend, in their relations, on the principal obligation to which it is issued to secure its performance, on the relationship between the guarantor and the beneficiary. 2. The guarantor shall not have the right to challenge the claim of the beneficiary of the dispute. Views arising from the basic obligation to ensure the performance of which an independent guarantee has been issued, as well as from any other obligation, including an extradition agreement, independently 3. The guarantor may not bring a claim against the beneficiary for the performance of an independent guarantee. The applicant shall be set off against a claim assigned to the guarantor by the principal, unless otherwise provided by an independent guarantee or agreement between the guarantor and the beneficiary.