Null And Void The Guarantee Liability Study

This dissertation focuses on the invalid guaranty and its legal liability. After a guaranty contract proves invalid, does the guarantor bear responsibility to the creditor? If need to bear responsibility, what kind of responsibility should bear? How to bear responsibility? All of these problems can't be settled in one rule, concrete analysis is to be made of concrete situations. The dissertation tries to discuss the topic in five chapters.Chapter one is the summary on invalid guaranty contracts. In this chapter, the author defines the concept and legal characteristics of invalid guaranty contracts. Guaranty has multiplicity meanings. Invalid guaranty as used in this dissertation only refers to absolute invalidity and void in whole one. And the invalid guaranty shall not be legally binding from the very beginning, naturally and affirmatively.Chapter two probes the causes of invalid guaranty contracts. There are many reasons that can lead a guaranty contract to be invalid. In the process of identifying a guaranty contract, if the main contract is invalid, in common situations, the guaranty contract is invalid. If the main contract is effective, the efficacy of the guaranty contract is to be judged by the qualification of the main body of the contract and whether the parties' expression is true, etc.Chapter three investigates the guarantor's liability under invalid guaranty contracts. After a guaranty contract proves invalid, does the guarantor bear responsibility? If need to bear responsibility, how about the nature of the liability, the requirements of the liability and the form of the liability, etc. People have different opinions. In this chapter, based on the analysis of the law basis and obligation principle of invalid guarantor liability from grand point of view, the author discusses, in detail, the requirements of the liability, the scope of the liability, the concrete forms of the liability, etc.Chapter four analyses the guarantor's responsibility bearing in invalid guaranty contracts. Based on the current law, this part chiefly concerns the guarantor's concrete responsibility of invalid guaranty contracts, which varies in different circumstances. Meanwhile, it naturally makes it clear what responsibility thecreditor and the main debtor should bear in the relevant invalid guaranty contracts, which varies in different circumstances too.Chapter five comments on some typical invalid guaranty contracts in practice. State organs, branches and functioning departments of an enterprise as a legal person, governors and managers of a company, when these act as a surety against the law, the guaranty contracts are null and void. That is the three typical invalid guaranty contacts in practice. Based on the analysis of their own characteristics, this chapter separately expoundes, according to the author's understanding of the relevant laws, what responsibility the guarantors should bear in these three situations.On the whole, the above five chapters discuss the core problem of invalid guaranty liability from different angles and different levels and put forward the author's viewpoints on some diverging opinions in theory and practice, with the aim at polishing the revision of relevant laws.