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Flaw Of And Consummation By The Guarantee Period Legislation

Posted on:2007-10-01Degree:MasterType:Thesis
Country:ChinaCandidate:X FanFull Text:PDF
GTID:2166360218950620Subject:Law
Abstract/Summary:PDF Full Text Request
Guaranteed period is guarantees in the system an important content, also is guarantees in the law the most controversial concept. Looked from creditor's angle that, guaranteed period is refers according to the litigant agrees or the legal rule, the creditor must advocates the right to the debtor or the guarantor period. Looked from guarantor's angle that, is the guarantor "the tolerance" the creditor exercises the right longest deadline not positively.Guaranteed period is already not the limitation of action, also is not eliminates reprimands the period, but is the litigant agrees "loses power the treaty" the period. The thorough discussion guarantee period legal value has the extremely vital significance. This article from the guarantee period definition, the nature and the limitation of action relations obtained, has pointed out the present guarantee period legislation and the judicial interpretation existence flaw, even contradictory.In mis foundation, introduced the related guarantee period legislation thought, the legislation pattern, and legislated to the model territory outside have carried on the reference. Again from guarantee period design, guarantee period "interrupt" situation consummation, legal guarantee period and the agreement guarantee period reasonable limit, links up the angle analysis with the limitation of action, proposed certain revision suggestion, has a benefit by the time to our country's legislation consummation and the judicial practice.
Keywords/Search Tags:Guarantees the period, Limitation of action, Guarantee
PDF Full Text Request
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