ro fr
universul juridic magazin
Revista Română de Drept Privat

Considerations of comfort letters

Technique of guarantee having its origins in the practice of international trade, the comfort letter was recently addressed by the Romanian legislator in Article 2.322 of the new civil Code. The simple and flexible regulation raises some problems related to the legal nature, to the conditions of validity and effects of this instrument. These are successively discussed in the article, in the attempt to bring more rigor in the field, which will help to avoid confusions in practice and to realize a proper assessment of the effectiveness of the comfort letter as a collateral.