Consummation Of The System Of Guaranty Period In China

The guaranty period is the valid period during which the debtee has the legal right to require the debtor to repay the debt. The system of guaranty period is the most important content of the legal system of guaranty. because the《guaranty law of the people's republic of china》and its judicial interpretation didn't establish the concept and nature of guaranty period, and had many unreasonable places, there are bigger discussions about the guaranty period in the educational world and the judicial world. First , the article introduce the legal stipulation about the guaranty period, and review its nature from the foundation in our country .Then, the article introduce the discussion about the nature of the guaranty period in the educational world, they mainly are"the theory of limitation of action","the theory of period of exception"and"the theory of period of lost right". Through analyses the legal characteristic of guaranty period , the article proposes the viewpoint that the nature of guaranty period is the period of exception. Because the guaranty period is not the limitation of action , so in the legal practice , how to contact the guaranty period with the limitation of action becomes the very important problem. The article makes discussion about this.At last, compared with other country's legislation , the article points out the insufficient of the system of guaranty period in our country , and puts forward the legislative suggestion.The characteristics of the article are:First, the author has several years working experience on civil trail, the introduction and comprehension to the legal rule are all based on the legal practice. Second, studying form many legal books and research papers, the author concludes and introduces some discussions about the nature of guaranty period. Based on it, the article draws its own conclusion.Third, the article uses the comparative method to research the system of guaranty period. comparing with other country's legal practice, the article points out the insufficient of our country'legislation, and the places need to be improved.