A Summary Of A Study On Some Problems Of Suretyship System

Suretyship is a kind of guaranty, which is generally used guarantee a debt in the economic life. A lot of scholars in our country have made a deep study on the suretyship system. Using the achievement by the scholars for reference, this paper approaches the concept and definition of suretyship, invalid suretyship and its civil liability, suretyship liability, the term of suretyship as well as the author's proposals for the legislation of our suretyship system, laying stress on combining theory with practice, in order to solve the problems in reality through theoretical study.As for the concept and definition, the paper mainly expounds the value and function of suretyship, defects and inadequacy, besides discussion of the legal implication of suretyship. The author holds that any law has its value and function for enactment, so has suretyship. As a kind of guaranty, it would insure the safety of a debt and at the same time will not affect the guarantor's use of his property, thus the full use of a property could be brought into play. Although suretyship system has preponderance over the others, it has its deficiency which can not be remedied, such as the unstable and unsafe character of suretyship as well as the unscientific nature of suretyship legislation in our country.In the discussion about invalid suretyship and its civil liability, beginning with the reason of the invalidity for a suretyship contract, several causes of invalid suretyship are expounded, such as the invalidity resulting from the nullification of the principal contract. Secondly, the legal consequences of a variety of causes of the invalid suretyship contract are analyzed. And problems currently in dispute in the academic circle and those commonly met in judicial practice are dissected. Finally, the author raises his point of view on affection of the suretyship contract effect by several blemish debts currently not dealt with in our suretyship legislation.In the discussion on suretyship liability, four aspects, such as contents and mode,scope, assumption as well as dissolution of suretyship liability are mainly expounded.As for the character of the term of suretyship, this paper analyzes several points of view currently in the academic circle one by one and holds that the term of suretyship is a kind of losing right system and different from the term of limitation of action and the term of elimination. In discussion about the term of the suretyship, stressing the purpose to solve practical problems and linking the legal explanations, the paper analyzes fully how to calculate the beginning and the end of the term of the suretyship in a variety of conditions in practice.Finally, the author put forward some proposals for the legislation of our suretyship system in this paper.