The Maximum Amount Of Guarantee

The law system of maximum potential liability has played a very important role in making the best use of everything and stimulating the fund circulation from what it was promulgated. However, the law system of maximum potential liability also has its problems as other law systems do in our country. Due to its rigid regulation of principle and contents, the application of it in our life is likely to leading to disputes. Therefore, this dissertation attempts to discuss the law system of maximum potential liability from the legal point. The study about maximum potential liability covers a very broad field, and the author pays more attention to the guaranty period and the actual amount of the claim.This article consists of five sections.Section 1 introduces the maximum potential liability on the value of modern law. First, lists the law system of maximum potential liability on abroad and our country, and then contrasts the foreign legal systems with ours in the maximum potential liability in the legislation practice. Last, from the aspect of the socio-economic to introduce the role and significance of the maximum potential liability in nowadays.Section II describes the characteristics of the system structure about the maximum potential liability of our country' s. China' s legal profession always has the understanding of differences about the period of the maximum potential liability, whether it should be divided into deposit period and guarantee responsibility period or just looks as one. We tend to believe to divide it into two parts. In addition, 'the maximum' has been specifically referred to and the settlement about the maximum potential liability is covered in this section.Section III is the comparison between maximum potential liability and others. On one hand, the maximum potential liability is one kind of guarantee, they have some similarities, but as a special form of guarantees, they also have differences between each other; on the other hand, with 'the maximum' , and most also have a comparison of similar and different characteristics with the maximum mortgage. And as the Real Right Law has some new contents about the maximum mortgage, so it can give us some reference on the maximum potential liability. Finally, by comparison, reflects the special status and value about the maximum potential liability.Section IV explores the issues that the maximum potential liability has been used in the contracts. Includes what kind of contracts should be used the maximum potential liability and what we should pay attention to. The actual amount that after the settlement is not necessarily 'the maximum' and therefore how to make sure the actual amount is also should be attention. Then lists the situations about modification and extinction of the maximum potential liability.The last section is the concluding remarks. In this part, there' s a summary about the maximum potential liability at first. Then, pointes out the lacks of our legislation about the maximum potential liability, and combines with advanced legislation of abroad to take some recommendations about how to improve the law system of maximum potential liability.