The paper analyzes the indemnitycontract (bid bond, performance bond, advance payment guarantee) as a contractbetween entrepreneurs parties and as an «alien» contract, which means a contract createdin Germany and in common law and after used in the Italian system. The focus of the paperis to verify if, notwithstanding the different context where the contract has been created, oursystem can offer remedies which are able to satisfy the needs of the international commerceand at the same time to protect the weaker party of the contract.