Abstract:

The article examines the right of recourse in bank guarantee relationships through the interaction between Georgian Civil Law and URDG 758. The central thesis is that recourse, although recognized by law, cannot be understood as a fully self-sufficient mechanism unless it is supported by a written agreement between the principal and the guarantor. The article analyzes the autonomy principle, the documentary nature of the demand guarantee, the legal consequences of payment by the guarantor and the system Georgian Civil Code provisions governing bank guarantees. The research demonstrates that URDG 758 does not regulate recourse directly, yet its logic of autonomy and documentary compliance should influence national interpretation. The article argues for a contractual model that clearly defines reimbursement, costs, interest, and procedural duties. The findings may be used in banking practice, contract drafting and doctrinal interpretation of Georgian private law.

The study also pays particular attention to the risks arising in banking practice in connection with the recovery of amounts paid by the guarantor. It analyzes the extent to which pre-established contractual mechanisms are essential for the effective exercise of the right of recourse and for the protection of the parties’ interests.

Keywords:

Reimbursement, autonomy, demand, principal, guarantor, beneficiary

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