Ogawa Nobuyong Agency V.Liu Group Secured A Contract Dispute Case Analysis

This paper takes Yongjing County Rural Credit Cooperatives v. Ogawa Liu group guarantee contract disputes on this typical case as the center, take the case analysis and literature research methods of combining research methods, comprehensive use of legal theory, legal professional knowledge and literature on the topic to be extended. Aim to study the guarantor in don’t know or should know the borrower borrowing by old circumstances, as long as the prior permission of creditors and debtors may change the main content of the contract, it will pay a new loan loan loan use old but change, after that prior permission, therefore, the guarantor shall bear guaranty liability, but not on the "Supreme People’s Court on the application of the people’s Republic of China Security Law> interpretation on several issues in the" thirty-ninth:"the parties of the principal contract agreement with a new loan to repay the old loans, in addition to the guarantor knew or should have known the outside, the guarantor shall bear civil liability. New and old loan loan department of the same guarantor, does not apply the provisions of the preceding paragraph " defences.Ogawa Liu group guarantee contract dispute case "to the development of situation, take the case fact to lead the focus of controversy in the procedure.In the second chapter," Yongjing County Rural Credit Cooperatives v. Ogawa Liu group guarantee contract dispute case" embodied in the legal issues were analyzed, the also new to the old, the main contract change undertook theory and practice analysis, reveals the guarantee law of the judicial interpretation of legislation in the not enough.The third chapter presents the judicial interpretation to supplement and perfect the conception. In order to better improve the "Supreme People’s Court on the application of the people’s Republic of China Security Law> to explain a number of problems" in thirty-ninth, then to safeguard the financial institutions and the majority of the legitimate interests of creditors.