It is now clear why this type of guarantee is becoming increasingly broad: the benefits for both parties are multiple and the risk of default by the counterparty is minimized. It goes without saying that the trust agreement must be expressly provided for in the main contract and that it must be properly regulated. Therefore, the parties must indicate what is the subject of the deposit, who the depositary is and what its obligations are, as well as, of course, the conditions under which the depositary must comply with the beneficiary or the depositary in returning the subject matter of the security right. Do you want to add a word, phrase or translation? The depositary undertakes to hand over the property (or amount) subject to the deposit obligation to the beneficiary of the Escrow Agreement if a particular condition is met (which is often performance by the beneficiary himself). However, in recent times, we have disseminated a form of guarantee that does not come from our order, but from the Anglo-Saxon. This is the Escrow Agreement: Escrow in English means guarantee, commitment, deposit. Dear Massimo Adriano, the amount to be paid to the depositary (referred to as „Escrow Agent“) has no fixed value, but is agreed by the parties at the time of conclusion of the contract. Indeed, the remuneration depends both on the amount entrusted to the third party and on the duration of the deposit; In any case, this is usually a relatively small percentage, which can be 5 or 6%. Do not hesitate to contact me for more details. Sincerely, this form of contract is a secondary contract which can be a contract of sale .B. Common short expressions: 1-400, 401-800, 801-1200, miscellaneous. The free PONS online dictionary is also available for iOS and Android! However, this guarantee is not only granted to beneficiary B, who knows that his work is certainly paid, but A also has an economic interest, because in the event that B was not actually in fact and did not perform the delivered work, A could easily recover the amount given to the depositary.
This would be much more difficult if the same amount had already been advanced to B (who may have spent it or, in any case, does not return it). The position of the third party is an extremely delicate position, since the third party must assess whether or not enforcement has actually taken place, and determine the person to whom the goods or sum are to be handed over. . . .