Study On The System Of Guarantee

By referring to the rules and regulations of the People's Republic of China Guarantee Law (here within referred to as"the Guarantee Law") and the Interpretation of Certain Issues in the Application of the People's Republic of China Guarantee Law (here within referred to as the Judicial Interpretation of the Guarantee Law) and in connection with the guarantee practices in China, this paper studies and comments on some problems related to the current guarantee theories and systems. This paper does not focus on the whole guarantee system, while it analyzes some specific problems of the guarantee system in depth.Chapter 1 briefly describes the guarantee system from the perspectives of the guarantee history, some other countries'regulations, etc.Chapter 2 discusses the property and characteristics of guarantee. Section 1 points out the differences between the property and characteristics of the guarantee and puts forward the way to distinguish one from the other with respect to the present theoretical ambiguity between the property and characteristics of guarantee. Based on that, Section 2 focuses on the appertaining characteristics of the scope of guarantee, one aspect of the guarantee's appertaining characteristics. After analysis of different viewpoints in detail, this paper points out the prevalent attitude with regard to the guarantee out of the scope.Chapter 3 studies the guarantor's qualifications. Section 1 puts forward the principles of establishing the guarantor's qualifications, which provide theoretical basis for reasonably establishing the guarantor's qualifications. Section 2 goes on with the discussion of the specific conditions of the guarantor's qualifications, such as the guarantor's action legal capacity and repayment ability. Section 3 focuses the analysis on the two particulars of the guarantor's negative qualifications, i.e., a company working as a guarantor and a government institution working as a guarantor.Chapter 4 elaborates on the guarantee period. Section 1 summarizes on the guarantee period system of our country, of which it inquires into the concept and definition of the guarantee period. Section 2 briefly describes the legislation of the guarantee period in other countries and regions. Section 3 analyzes some basic issues of the guarantee period, largely on the necessity and rationality of establishing theguarantee period system and the property of the guarantee period. In Section 4, this paper studies some concrete issues of the guarantee period, including the calculation, length, and interruption of the guarantee period. At last, this paper makes the recognition of the guarantee period before the guarantee law takes effect.