The Research On The Independence And Dependence Of Instruments Guarantee

The safety and liquidity of instrument is the core legal that the entire instrumentlaw pursues.The instrument guarantee is aim to increase the bills of credit billsassurance system and protect the security of the bills, which promotes the circulationof the notes. The instrument guarantee has both civil ensure independence from thebehavior of properties and dependence from the notes behavior, which makes thenegotiable instruments a distinctive system. It not only enriches the relationshipbetween debts and credits, but also exhibits the new energy for the relationship. Thedependence and independence are belong to the instruments guarantee, which makesthe instruments guarantee difficult to understand.Thus,the study on the independenceand dependence of Instruments Guarantee is necessary.This article will start form the the basic concepts of the dependence and theindependence of the instruments guarantee by using analytic and comparativemethods,and by dint of the basic theory of instrument laws, instrument guaranteebehaviors,and the correlative theory of civil law and the claims act. By discussingthe manifestation of the dependence and the independence of the instrumentsguarantee in the establishment of instrument guarantee, the responsibility of theguarantor and the relationship of the dependence and the independence of theinstruments guarantee and its impact on the rights of the Guarantor that billguarantor invoke the right of defense. So readers have a clear understanding ofinstrument guarantee.The part of the Negotiable Instruments, starting from the concept of the notesguaranteed, through the comparison of the specific system notes guarantee and civilguarantees, we know the character of the instrument is independence, no-causecharacters and unilaterally.It contains the elements of substantial and formalrequirements.about the instrument guarantee in detail. Compared to the regulation ofother countries,we analyze whether the system in our country is reasonable ornot.Since the purpose of the instrument guarantee and civil assurance is to guarantee the implementation of the main debt,so the dependence is originated form theproperty.However, in order to protect the interests of the instruments creditor,Negotiable Instruments bills to ensure a certain degree of weakening the dependenceof instrument guarantee from the property. The weakening of the bills from theproperties at the same time, the Negotiable Instruments Law, or inherited a lot ofcivil ensure guaranteed from the property, notes from the property is also reflected inmany aspects of the Negotiable Instruments.The part about the independence ofinstrument guarantee,it highlight system function of independence and itsindependence reflected on the Law of Negotiable Instruments In many respects.Wealso discuss guarantee civil stressed independence from the premise of the propertyis essential,which do not departure from the traditional civil law theory. When thecivil guarantee generate,the dependence is not its essential attribute.On the contrary,the start-up of the guarantee system, more embodies independence.As the development of economic, civil guarantee pays more attention to itsindependence instead of its dependence. Differences in the bills guarantee and civilassurance,such as what they pursue,making the instrument guarantee pay moreattention to independence. The independence and dependence is a pair of mutuallycontradictory attributes,but these two seemingly contradictory attributes able toguarantee institutional harmonization coexist in bills.In conclusion, the attributes ofindependence and dependence better balance the instruments guarantee.