On The Contract Guarantee

There is different meaning among contract guarantee, guarantee and the contract for guarantee. Contract guarantee has its own nature and characteristic. Besides subordinating to nature, independence and supplement, quality of creditor's rights and substituting is the outstanding characteristic of contract guarantee .As the protagonist of contract guarantee -the guarantor has very big difference with the party in other depts. The position, qualification and right enjoyed belong to the guarantor shows that the guarantor is not only an initiative debtor but also a passive creditor. There is different legal requisition to some extent at different stages on the qualification. While undertaking the obligation the guarantor have the right of contradicting first, the right of cleaning up the dept and subrogation. According to the different responsibilities the guarantor bears in the contracts, which have defferent effect, and content, the guarantor has to undertake liability for fault of concluding a treaty, guarantees responsibility and compensation responsibility. Besides, because of the change of the guarantee creditor's rights, debts and main contract, the responsibility that the guarantor bears changes thereupon. Proceeding with the nature of the contract guarantee, the article argues that the contract guarantee finishes when the debt of guarantee eliminates. Through comparing negative prescription and the time of the contract guaranteeing, the author draws a conclusion out of the common namely the contract is exercised and during liability exemption by a kind of special right when guaranteed, and it is a independent form.