Abstract

LABARIEGA VILLANUEVA, Pedro Alfonso. El aval: ¿Fianza sui generis o garantía cambiaria típica?. Bol. Mex. Der. Comp. [online]. 2004, vol.37, n.110, pp.611-661. ISSN 2448-4873.

This article has the goal of explaining the legal nature of endorsement, with the purpose of defining whether this institution is closer to bonds (but of a peculiar nature); or to a typical commercial guarantee. In his explanation, the author develops a historical analysis concerning the emergence of endorsement and its introduction into some European and Ibero-American legal systems. Moreover, he explains which is the economic function of endorsement, and then he examines the way in which this institution is governed by several international instruments that deal with negotiable documents. Finally, the author analyzes endorsement in its different elements, invoking the diverse theories that have tried to give an explanation in relation to the legal nature of this institution.

Keywords : endorsement; negotiable document; bond; commercial contracts; commercial guarantee.