The Research On The Law Problems Of Guarantee Period

Guaranteed period is guarantees in the system an important content, also is guarantees in the law 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.The first part of this guarantee period begins from the concept and characteristics, it analyzes the difference between the guaranteed period and guaranteed liability period. It describes the law nature and the classification of guaranteed period.The second part is aimed at the practical analysis of guaranteed period. It has a detailed description about General guarantee, Joint guarantee and Maximum guarantee.The third part proposes the perfection of guaranteed period, such as the clarify about the legal presumptive guaranteed period. According to the problems of the judicial interpretation, it analyzes the explanation between guaranteed period and prescription extinctive of debt and proposes some suggestions.