China To Ensure During The System A Number Of Issues

This article, entitled "the system of guaranty term in our country" is based on our current legislative and the judicial interpretation for the guaranty term. Also, because the issues under the System of guaranty term are so much, I just select five important issues which are controversial and involving the overall system. Corresponding to each issue, I will put forward my own points of view and finally have a summary statement in the last part of the article.This article can be divided into five chapters.The first part is to discuss the nature of period. First, the guaranty term is defined as "the maximum period that the guarantor can tolerate the creditors do not actively exercise." Then I will distinguish several concepts which is similar to the concept of guaranty term. Finally according to the analysis of the essential characteristic of the guaranty term, I will put forward my view that guaranty term is exclusive term.The second part is to discuss the legislative model of the guaranty term. From a comparative law perspective I will point out the disadvantages that exist in our current legislation model and thus we should learn from the model of China's Taiwan region, to be close to intended limited doctrine.The third part is to discuss the starting-point for guaranty term. "Guarantee Law" and "Guarantee Law of Judicial Interpretation," provides a common starting point which is the expiry date to fulfill principal obligation no matter Joint and several guarantee or general guarantee. This provision doesn't match with either the nature or the function of the warranty period. We shall distinguish Joint and several guarantee or general guarantee. To Joint and several guarantee, the starting point should be the moment when the guarantor's right to defense to the creditor is blocked. To the general guarantee the start point should be the expiry date to fulfill principal obligation.PartⅣis to discuss the computational problems about guaranty term. This section focuses on the analysis of effectiveness when although the parties of contract have got into the agreement about the guaranty term, but either the starting-point or the length of agreement are not consistent with provisions of the legislative or judicial interpretation. The Key factor that determines such agreements'effectiveness is the function of the system of guaranty term.PartⅤis to discuss the relationship of convergence between the guaranty term and the limitation term. Such two terms have the same function, which is to urge the creditor to claim the rights to the guarantor. However the stages of such two terms play role are different, they are not in conflict.