Study On A Company's Guarantee Effect

The establishment of a security system company, to promote financial intermediation, commodity circulation, and achieve significant security claims. In the specific interests, the company's external security related to the interests of creditors, the company, shareholders, the acquisition as well as other third party interests, the effectiveness of how their behavior is related to the shared responsibility of the parties, dispute resolution and the impact on company operations and the cost of legal risk prevention considerations, etc., determines the legal rights of a party can effectively be guaranteed.The company's external security problems ofvalidity, different theoretical perspectives and practical decision-scale mixed.This reflects the company's external security is extremely important at the same time, the analysis and determine its effectiveness, whether in academic or practice can not be ignored.Based on the company's external security force opposing theoretical perspectives and practical examination of different approaches, different sort of major theoretical and practical differences and reflect on the problems, Analysis of the effectiveness of the company's external security core of the problem, hopes in legal circles and the legal profession to reduce differences in understanding, as much as possible in the company of peremptory norms of autonomy and the pursuit of value in the two intervention consensus to serve the company guarantees the effectiveness of the behavior of the identification and companies, creditors, legal risk prevention and control.This paper is divided into five parts.The first section provides an overview of China's external security requirements,summed up the company's external security standard features, lists the company's external security force in a series of questions. Is made below to start a simple definition.The second part of the company's external security force combing the theoretical perspectives and practical approach, found that due to the focus of legal analysis and different perspectives, the analysis of contract law, corporate law perspective also mentioned that the value factor analysis of company law perspective also note to the concept and spirit of the contract, problems are more specific, combined with analysis of the path is different from all around the company's articles of association and started, and sometimes into the constitution of the theory of publicity rationality, desirability and reality of non-operational and non-feasibility of interference of the company to determine the effectiveness of external security, so different perspectives. By selecting from the practice of the six cases, a more empirical analysis of the Court's decision on the company's external security of the effectiveness of cognitive inconsistencies and contradictions, there are varying degrees of understanding of one or the other, or even the existence of Article 16 of the Act is effectiveness of the mandatory standard is not directly identify the effectiveness of company's external security errors, no error results even if the referee.The third section analyzes the theoretical knowledge and practical shortcomings of justice, including the company's external security of the theoretical analysis method and the path, there is a logical cycle of normative analysis of errors, and understanding of the Supreme Court made a line change in order to prove inadequate.Part IV Analysis of the Companies Act obligations as the center of attention, and to explain the duty of care when secured creditors to accept the good, the company's external security is the inevitable result of the resolution to a strict interpretation of the creditor's duty of care, and always carry out the act dynamic path to "people" oriented. That the duty of good faith and relative man of contradictions, the security force should be determined in good faith may be. As a guide, and the company's external security situation of the effectiveness of a specific judge.Part V is conclusions. On the basis of this section, the paper made a brief summary of proposed contracts to determine the effectiveness of the company's external security and critical path.