The Analysis Of Loan-guarantee Legal Validity In SITICO, Shanghai Information Exchanger And Shanghai Sanhe Real Estate Company

Loan guarantees dispute in judicial practice is more kind of case, in such cases have a special kind of type is "borrow new loan to repay old loan", in such case, to think " borrow new loan to repay old loan " differently, directly affecting legal obligation of the borrower, the lender and the guarantor. In this paper starting from the practice case, through introducing SITICO, Shanghai Information Exchanger and Shanghai Sanhe Real Estate Company Loan-guarantee Case, basing legal analysis of "borrow new loan to repay old loan" as foundation, analysing and discussing the legal validity of loan contract, the legal validity of guarantee contract and guarantee liability.This paper introduces the whole trial condition of this case, clears up the legal relation of this case, draws forth controversy focus of the lender SITICO, the borrower Shanghai Information Exchanger and the guarantor Shanghai Sanhe Real Estate Company. Controversy focus one:the borrow new loan to repay old loan to affect guarantee validity in this case. Controversy focus two: The Supreme People's Court of The People's Republic of China explains the contract in trialing this case, this interpretation immensely affects guarantee validity. This paper through analyzing legal question of the borrow new loan to repay old loan in loan contract of this case, thus analyzing the guarantee validity of this case, clearing and definiting the legal liability of the lender and the borrower and the guarantor in this case. The Supreme People's Court of The People's Republic of China for trial in this case, explains the contract in trialing this case, this interpretation immensely affects legal question of the borrow new loan to repay old loan. Further affects the legal liability of the lender and the borrower and the guarantor in this case. In " borrow new loan to repay old loan ", the guarantor whether or not undertake guarantee liability, if guarantor undertake guarantee liability whether or not with knows or should not know " borrow new loan to repay old loan " for necessary is this essay's focus.