This clause of the statute is discussed more at length in the chapter on suretyship. |
However, movable hypothecs are a form of real security, while suretyship is a form of personal security. |
There is no doubt that in a contract of guarantee parties may, if so minded, exclude any one or more of the normal incidents of suretyship. |
For instance, suretyship does not restrict immediately the right of ownership of a surety over his property. |
Thus, the court associated a suretyship with a letter of credit, but did not provide more detailed explanations. |
This concept of security raises a harmonization issue with the Quebec civil law concept of suretyship. |