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Study Jointly Guaranteed By The Legal System

Posted on:2005-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:S X KaiFull Text:PDF
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The core value of the system of guarantee lies in realizing the protection of the right of creditors, who, in order to strengthen the effect of guarantee, demand the debtors to support all kinds of forms of guarantee. To be concrete, the joint-guarantee includes the joint-surety, joint-mortgage, joint-impawn and mixed joint-guarantee. There are few articles concerning the guarantee system in current laws of China, for example, only Articles 12, 28, 34 and 36 of Law on Guarantee are involved. The legislation can't be exact because of the lack of feasibility of the law. The amendment is indispensable for legislators. The thesis is centered on the topic in order to improve and perfect the establishment of guarantee law. The thesis is imposed of the following three parts besides the preface.The preface generalizes the common problems concerning joint-guarantee so as to prepare for a further discussion of the items in the main three parts.In the first part the thesis interprets the system of joint-guarantee. The part is divided into three sections. In Section 1, the author talks about the concepts and constitutional factors. Three kinds of concepts of joint-guarantee are summarized from the legislation of continental law countries, the former Soviet Union and China. The thesis defines legal concept of joint-guarantee in China based on research on the legislation above.In Section 2, the author discusses the classifications of joint-guarantee, which falls into six kinds. In addition, some other dividing methods are provided according to other standards. The section interprets the legal relationships between the parties of the joint-guarantee.In the second part, the author exemplifies the legal system of joint-mortgage. The part is composed of three sections. In the first section, the thesis discusses the concept, nature and legal functions of joint-mortgage. In this section, in order to identify the concept of joint-mortgage, the author compares the joint-mortgage with other forms of guarantee such as re-mortgage, consortium mortgage, and flexiblemortgage. As for the essence of joint-mortgage, three theories are related on their own different legal foundations. As for as the author is concerned, the re-mortgage should be adopted in China. Section 2 is discussing the building and effect of joint-mortgage. In fact, the effect of joint-mortgage does not differ a lot from that of general mortgage. But the key point of joint-mortgage lies in the legal relationship between each party. The author gives some constructive suggestions on establishment of relative system in China.In the third part, the author interprets the legal system of mixed joint-guarantee. Three sections are included in the part. In the first section, the author criticizes the current regulations such as article 28 of Law of Guarantee .The thesis defines the concepts and legal functions respectively. Section 2 discussed the several legal function respectively, and the depicts several legal functions about mixed joint-guarantee .The thesis advocates that legislators should adjust and amend our current law system as soon as possible in order to the interest of each party.
Keywords/Search Tags:Guaranteed
PDF Full Text Request
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