The Research Of Suretyship Liability To Repaying Loan With Loan

AS a way of handling the overdue loans, the contract of Repaying loan with loan (hereinafter referred to as the RLWL) is very common in the loan business of commercial banks. The disputes arising from RLWL which usually involve guarantor also show an upward tendency in the past years.Since the legislation on the RLWL are not complete, different courts have different views on the effectiveness of the RLWL and the suretyship contracts in the judicial practice .In order to ensure the consistency of judicial adjudgement , it is of great theoretical and practical significance to define RLWL, improve the relevant legislation and specify suretyship liability .In this thesis, the author firstly elaborated the characteristics, causes and identifying standards of RLWL; secondly analyze the effectiveness of the RLWL and the suretyship contracts; and finally discuss the suretyship liability in specific conditions. There are totally 3 chapters in this thesis:Chapterâ… In this chapter , the author mainly introduce the basic theory on RLWL, including the meaning and legal characteristics of RLWL. And then specify the standards of identifying RLWL.Chapterâ…¡In this chapter, the author analyzes the effectiveness of the suretyship contract respectively from the loan contract and suretyship contract aspects. Through analyzing the legal circle's Views on the effectiveness of RLWL, the author raises his own viewpoints which support the effectiveness of the loan contract in the RLWL case. And then the author goes further to analyze the effectiveness of the suretyship contract.Chapterâ…¢In this chapter the author discusses the guarantor's suretyship liability in specific conditions in the RLWL case.