On Theoretic Base And Existing Problems Of The Rule Regarding To Joint Guarantee

Personal guarantee and guarantee in rem may be combined together as joint guarantee either with one type of guarantee or two types guarantee. The basic categories of joint guarantee are several guarantee and joint and several guarantee. Although the fundamental rules have been build up in the legal framework, the legal terms are not strictly defined which leads to uncertainty in understanding, ambiguity in practice and controversy in classification. As the theoretic foundation of the joint and several guarantee, the theory on joint and several liability contained varied contents. The provisions on joint and several guarantee are very simple in the General Principles of Civil Law of the People's Republic of China, while Law on Securities and its judicial interpretation regulate joint and several personal guarantee, joint mortgage, joint pledge and mixed joint securities based on the theory on joint and several obligations, which are all at very beginning stage and lack of normalized combination with comprehensive and intensive practice.. Joint guarantee is a complicated legal institution which makes a urgent issue in the civil law needed to be solved by both registration and theoretic research with the progress of society and the development of economy.This thesis first is concentrated in the joint personal guarantee, the illustrative type of joint guarantee, use the theory on joint and several obligations and the existing legal spirit as main clause, states clearly how the author identifies the several joint guarantee and joint and several guarantee and understands the joint and several personal guarantee and joint and several obligation, which the author makes as the tool through the understanding of joint personal guarantee, joint mortgage and mixed joint guarantee. Meanwhile, he author also discuss some ambiguous and unspecified aspects in the joint guarantee institution.In general, the characteristics of this thesis is illustrated in two aspects: presenting the controversy in the distinguishing the several joint guarantee and the joint and several joint guarantee, stating that the existing legal provisions are very simple, thus pointing out the author's suggestions; then discussing and arguing the legal issues related to joint guarantee with comprehensive references.