A Dissertation On The Relationship Between The Gurantee Contract And The Principal Contract

In order to know the relationship between the guarantee contract and the principal contract, we should know the guarantee's dependence theory. Traditional theory seems the dependence as the guarantee contract's essential attribute. But with the development of independent guarantee, the theory is facing a tremendous challenge.Surveying the historical development of guarantee, we can find that there were different attitudes to dependence theory in Roman law. In modern times, some legislation broke the dependence. And now facing the development of international trade, it was completely broken. So the dependence is not the guarantee contract's essential attribute, it is just a legal fiction.Theoretically, the invalidity of the principal contract can not lead to the invalidity of guarantee contract. Adherencing to dependence in legal effect may cause many theoretical issues. Guarantee is a king of juristic act subject to conditions, which is a decisive factor to its existence.However, it does not mean we should completely abandon the dependence theory. Generally, the civil guarantee and gratuitous guarantee should have the quality of dependence; but the commercial guarantee and the guarantee for value should have the quality of independence.Based on the aforesaid analyses, effects of contract alteration and dissolution on guarantee can be readily known.