A Study Of Certain Problems On Negotiable Instruments Guarantee

By making a detail analysis and comparison, this paper initiates with the negotiable instruments guarantee concepts, draws upon the basic theory on negotiable instruments behaviors of Negotiable Instruments Law and relevant theory on creditor's rights of Civil Code, reveals the value orientation of negotiable instruments guarantee, discusses the legal quality of negotiable instruments guarantee, and thus determines the two constituents of negotiable instruments guarantee, the rights and responsibilities of negotiable instruments guarantors. By analyzing the common problems in practice, this paper also tries to preliminarily establish relative insistence non-reason theory on negotiable instruments guarantee and supplement the content of part guarantee so as to make the negotiable instruments guarantee system perfect and rational.This paper is structured in the following way. Negotiable instruments guarantee concepts are pondered and reflected in Chapter One. Initiating with negotiable instruments guarantee behaviors, this chapter analyses the divergence on negotiable instruments guarantee concepts, defines negotiable instruments guarantee, and differentiates it with civil guarantee, negotiable instruments endorsement and loan guarantee behaviors.The legal quality of negotiable instruments guarantee is discussed in Chapter Two. Regarding value orientation as the logical starting point of negotiable instruments guarantee legal quality, it is found that negotiable instruments guarantee is independent and subordinate, while its independence is comparatively stronger. It is also found that negotiable instruments guarantee is of relative insistence non-reason and unilateral.The constituents of negotiable instruments guarantee are dealt with in Chapter Three. While insisting on the legal qualities of negotiable instruments guarantee, this paper points out the two constituents of negotiable instruments guarantee: appropriate negotiable instruments guarantors and negotiable instruments guarantee records. In this chapter, emphasis is put on guarantee scope. After defining the connotation and denotation of records, this paper points out that selective record items are a part of record content but they should not be regarded as one constituent of negotiable instruments guarantee.The rights and responsibilities of negotiable instruments guarantee are discussed in Chapter Four. By analyzing the responsibilities of negotiable instruments guarantors and reflecting rights of negotiable instruments guarantee, it is preliminarily concluded that the responsibility of guarantors and that of guarantees are identical, the guarantor responsibility is implicative and independent, and the guarantors have demur right andretrospect right.The problems in negotiable instruments guarantee practice and reflection on perfection of negotiable instruments guarantee system are dealt with in Chapter Five. The analysis and reasoning of practical problems proves from another angle that the independence of negotiable instruments guarantee is comparatively strong and the relative assistance non-reason theory is appropriate. Meanwhile, this paper also argues that supplementation of part guarantee is correct application of this theory.