In England, the legal requirements for a guarantee are first imposed by the Fraud Act, which states in section 4 that “no action may be brought to charge the defendant on a particular promise to plead guilt, delay or miscarriage of another person, unless the agreement of the party of which such an action is brought, or a memorandum or note thereof must be in writing and signed by the party responsible for doing so or by any other person it has legally authorized to do so. This means that the guarantee is not invalid, but that it is not applicable only by a person chosen as a person. The requirement for a written signature was clarified in Elpis Maritimes Co against Marti Chartering Co Inc [Maria D”)  1 AC 21 and J Pereia Fernandes SA against Mehta  EWHC 813 (Ch)) In the latter case, it was found that a contract is applicable either by written agreement of the guarantor or his representative, is applicable; if the warranty was oral, a separate note or agreement could render the warranty enforceable in the same manner. In the first case, the court found it sufficient that it was written or printed by the guarantor, an initial in an email was sufficient, but a standard header name in an email was not. The Tribunal found that the minor measure was sufficient for the status to be taken into hand, given that for a long time a single fingerprint or “X” was sufficient. The Electronic Communications Act 2000 created the power to enact legislative instruments amending legislation so that they were compatible with the modern use of electronic communications. This is stated in the article 9 recital of the EU Directive 2000 on electronic commerce, which expressly granted derogations from the “written” requirement of a guarantee. The most productive reason for the relief of a surety usually stems from the behaviour of the creditor. The principle is as follows: in the event of a violation of the rights that the guarantor held at the entrance of the guarantee, while the damage is only nominal, the guarantee cannot be invoked. Relief of the guarantee may be made (1) by modifying the contractual conditions between the creditor and the principal debtor or the contractual conditions between the creditor and the guarantor;  (2) by taking over a new guarantee from the principal debtor instead of the original guarantee; (3) by the creditor who relieves the principal debtor of his liability; (4) undertaking to give the principal debtor time to pay the secured debt; or (5) by the loss of security rights received by the creditor in respect of the secured debt.
The first four of this folder are called together Novation. . . .