The Mortgagee Research

Guarantee is divided into the guarantee of man and poverty theorically. The guarantee is commonly said promise, which means the person has to pay off the debt according to the areement if the debtor doesn't carry out his own debt or bear the responsibility, that is,the person promises to make the contract realized. The poverty guarantee is that the debor or the third party has the special poverty as the guarantee, which means more reliability and safty. Guarantee is regarded the most important and ideal guarantee practically because of its advantage and character, therefore, it is called the king of guarantee. Among the guarantees, guarantee brings many diputed problems because of the strong theoretics.The PRC's guarantee law was passed in june,1995,and the Interpretation on the Use of PRC's Law by the Supere Peple's Court, which regulars guarantee systerm and guarantees the debt right realized.Chinese unestate includes machines, traffic and the other property. Estate guarantee is that the estated property is sold and prioritically paid to the debtor if the debtor doest carry out his own debt. Guarantee and mortgage are most definitely distinguished between the estate and unestate, but judged by the shift owing right. Meanwhile, estate guarantee cant be replaced by the tranfer.Common guarantee is among special guarantees. In practice, a few property guarantee and guarantors exist, and it makes many unavoided and unconcerted problems, such as the choice of common guarantee, the realized order of a few property of common guarantee complicated and unsettled.Chinese guarantee Law, being different from the Continental Law systerm, regulars the legal guarantee, which means the party gets the guarantee right directly according to the law.The legal guarantee right by contract is only limited in the construction project contract, not available for the other contractors agreement, legal guarantee is different from lien, the key difference is guarantee. Legal guarantee is also different from priority, priority is mostly made for special debt.Generally, guarantee has the priority and under the alone guarantee its paid right is easy to decide. But under the condition of a few guarantees, it outcomes theguarantee realization if a few debtors realizes right. And the reasonable debt order influnces the reasonable protection of the debt.During the debt realization, there is often the third right protection. According to guarantee, guarantee still has the right of managing the guarantor property. In order to protect the debtor benefit, the right guatantee is limited.