Warranties Related Issues

Guaranty as a type of security is exerting extremely important effect in modern economic life. Guaranty is mainly proscribed in the Security law, the People' s Republic of China civil law and Contract Law .Now guaranty is becoming hotter and hotter in the argument of theoretic field and practical field. How to comprehensively understand and perfect guaranty has been a urgent task. The author expounds on the guaranty liability in correlation with judicial practice and national legislation. In judicial practices where are related to disputes concerning guaranty contracts, the legal problems that are connected with the guaranty are always on the top. Moreover, the problems are all closely associated with the liabilities of the guaranty. Therefore, it is crucially important to study the liabilities of the guaranty so that disputes arising from guarantee contracts can be properly handled. This thesis is divided into six parts.The first part is the general exposition on guaranty liability, introducing to guarantee the connotation of the duty, guaranteeing the form of the duty, guaranteeing the contents of the duty with scope etc.The second part is about the period of guaranty liability. The period means the longest period in which surety can abide creditor not to use his right actively. The nature of period in which is a special period of using right or releasing liability.The third part is about how to take the obligation of Warranty liability. When there are many forms of guaranty exit in one contract. This part consists of mutual guaranty and mixed warranty.The fourth part is about the effect comes from the contract's changing. The part is divided into the main contract change to the influence to the guarantee liability, this part was detailed to analyze the main contract contents changes and the main contract corpus change to the influence to the guarantee liability combining clearness the contract change with the differentiation that contract change and its influence to the guarantee liability.The fifth part is about invalid guaranty liability .As for invalid contracts, the parties shall bear the corresponding responsibility according to the degree of fault.The sixth part is about the release and disappearance obligation of guaranty. This text put forward to the prevention measure of the guaranty liability.