Guarantee and counter-guarantee at the service of the initial contract: a contribution to the understanding of the elementary logics in civil, banking and financial law.

Summary While the concept of guarantees primarily reflects the mistrust of the parties towards each other, it also reflects the need for confidence on the part of each of them, which is conducive to facilitating exchanges, strengthening the creditor's position and the debtor's financial standing and, more generally, securing the market. In the context of financing transactions (credit operations, refinancing operations, bonds and structured financing), the importance of guarantees and counter-guarantees is linked to the will and the role of the parties to the transaction and influenced by the framework set by the market and the associated regulations. More specifically, the financing operation is the contractual whole involving a financial arrangement and bringing in mechanisms of guarantees and counter-guarantees: this contractual whole constitutes the complex {initial contract - guarantee - counter-guarantee}, which is the subject of the thesis.This thesis aims to study the relations between the initial contract and the guarantee, the guarantee and the counter-guarantee, the counter-guarantee and the initial contract within financing operations and this, with regard to the civil law and the banking and finance law. The analysis will focus on the nature of these relationships when guarantees and counter-guarantees are set up and implemented and will lead to an evaluation of their strength with regard to collective procedures and the banking resolution regime. It is the effectiveness of guarantees and counter-guarantees within financing transactions that is at stake, which must serve the efficiency of the transaction.