Thesis:

Legal review of common non-banking collateral contracts in the field of international trade

Non-banking collateral agreements are a key tool in international trade, used to mitigate commercial risks and the rights of the parties when using the contract. These types of agreements are particularly important in situations where the legal systems are different. Non-bank collateralized guarantee contracts include personal guarantees, mortgages, and independent guarantees that are used as methods other than banks to secure financial obligations. The purpose of this research is to examine the legal and enforcement aspects of non-bank collateralized guarantee contracts in the field of international trade. This research attempts to identify the problems and challenges that exist in the implementation of these contracts at the international level and to provide solutions to these problems based on international principles and rules such as international conventions and international trade law. Of particular importance to this research is the acceleration of the implementation of commercial contracts and the reduction of legal disputes in the field of non-bank guarantees and mortgages. The main research question is: "How are non-banking collateral agreements enforced and guaranteed in international trade law and what challenges exist in this regard?" The results of the research show that non-banking collateral agreements, especially in international trade, play a vital role in reducing commercial risks and securing the rights of the parties. However, these contracts face challenges such as legal differences in different countries, lack of transparency in contract terms, and enforcement problems when the contract is breached. Also, the findings of this research show that the use of international conventions such as the CISG, the New York Convention, and the UNCITRAL Law for independent guarantees can help reduce enforcement and legal problems and provide parties with the assurance that their disputes will be resolved quickly and effectively. This research addresses some practical suggestions, including creating legal transparency in the terms of non-bank collateral contracts, standardizing and unifying international law on these contracts, and making wider use of international arbitration as a legal tool for resolving disputes. It is also suggested that parties to non-bank collateral agreements ensure the validity and faster execution of their contracts by using international agreements and global registration systems.

Keywords: International trade law, mortgage, guarantee, collateral, common collateral agreements.