Guarantee of Commercial Documents in Afghan Law

Abstract

   Commercial documents are an essential trading tool that businesspeople or commercial companies use. In various business affairs and issues, it creates rights and obligations for the surrounding parties or interested parties. Guarantee is one of the important and common principles in commercial documents and will increase its credibility and security. The purpose of this research is to examine and explain the guarantee of commercial documents in Afghan law so that with an overview of the type of responsibility, the conditions of the guarantee and the effects of the guarantee according to its status in commercial documents, it will be known. This descriptive research is an analysis that is guided by a research question. Library resources form the statistical society of the research. According to the research findings, it was determined that the guarantor of a commercial document is considered a party to the transaction of the document; Afghanistan followed the obligatory by obligation theory. Commercial documents can be guaranteed by the guarantor in general or in part. Although the guarantor's obligation is a joint liability, since he has a responsibility as a guarantor and not the main responsibility, his obligation is equal to the extent of the surety's obligation.