Guarantee Period

As an important part of the guaranty system, the guaranty period plays a very important role in the economic life of this society. Since the guaranty period itself is very complicated, the legislation related to it is always contradictory and ambiguous, which results in the inconvenience in practice, and the academic discussion about the guaranty period can only be found in short and scattered articles with totally different views in them, I would like to choose the guaranty period as the object of my study to make clear a series of problems, I really hope that I can do something for the legislation and juristic practice of our country.This thesis constitutes of several parts as follows:In the "Introduction", the author reviews the legislations about guaranty period in our country, and put forward questions to those contradictory and ambiguous places in the legislation.In the first part "The Basic Theory of Guaranty Period", the author defines and analyzes the concept and substance of guaranty period. On the foundation of making contrast to those countries that do not have this system, the author expounds the value and necessity for the adoption of this system in our country.In the second part "The Legal Nature Analysis of Guaranty Period", the author makes comparison and contrast of several different opinions, and then comes to the conclusion through theoretical analysis: "The guaranty period belongs to neither extinctive prescription, nor scheduled period, it is just an special and independent type of period."In the third part "The Legislative Model Research of Guaranty Period", the author sums up three kinds of legislation model and three types of the guaranty period through analyzing different regulations about guaranty period enacted by other countries. After evaluating the models and types, the author points out the legislative model that our country should adopt.In the fourth part "The Calculation of Guarantee Period", the author analyzes the the standard of fixing the starting point, whether the starting point can be agreed on and the effect the agreement.In the fifth part "The Relationship between Guaranty Period and Extinctive Prescription for Both the Principle Contract and the Contract of Guaranty ", the author discusses the interruption of guaranty period and how the three periods interacts oneanother to limit the performing of rights by the creditor.In the sixth part "The Conclusion", the author sums up the main views and achievements that accomplished by this text.