Corporate External Guaranty The Identification And Treatment Effect

Under the condition of market economy,corporate external guaranty as a meansof financing,as many enterprises funded by the regular activities.In China’snew”company law” before the effective date,1993“company law” sixtieth article oncorporate guarantees made relatively rough rules,leading to the judicial practice in theprocess of the company guarantee the effectiveness of constant debate. In order toprotect the company,shareholders and creditors, the new” company law” sixteentharticle on corporate external guaranty decision procedure decision main body.anddecision authority made the relevant provisions. Should say,the new “company law“sixteenth became the regulation of corporate external guaranty core terms.However,in the new “company law “after the entry into force,the sixteenth did notstop the academic and practical circles the original argument, but far morecontentious.On the new “company law “16article understanding directly influences acompany’s guarantee effect exists or not,namely the company violates the provisionsarticle sixteenth of foreign guarantees whether it violates the legal mandatoryprovisions and void? The answer to this question, in theory,has been debated,thereis no consensus.Even in the judicial practice,even the Supreme People’s court hasheard several more typical guiding case and understanging.In order to guarantee the effectiveness of the company have a clear outline, thispaper chose the new Gazette of the Supreme People’s Court of guiding cases, fromthe perspective of case,the new “company law” sixteenth article undertook thoroughanalysis,and summarizes the ten years since the Supreme People’s Court or publishedby corporate external guaranty typical case,on this foundation,put forward somelegislative suggestions.In this paper the main methods are:(1)the theoretical analysis combined withcase analysis. In summing up the company’s guarantee system based on,this paper quoted the Gazette of the supreme People’s Court on the cororate external guarantyguiding case,the case was analyzed,and then draws the corresponging conclusion andproposal.(2) Comparative analysis. In the part of case analysis,comparative analysismethod to carry out from beginning to end,this paper combs out before the upremePeople’s Court of some corporate external,in the process that our country the highestjudicial authority on corporate external guaranty in the judicial judgment in train ofthought,on the basis of active exploration future legislation to change the feasibinltiyplan.Besides the introduction and the conclusion,this paper consists of four parts.In the introduction part,elaborated the research background,practical value,theresearch content and the innovation.In the first part is the case put forward,this caseintroduces about corporate external guaranty contract disputes,controversies focus iswithout legal authority approval,the legal representative of the company to provideguarantee for effective? The second part is about corporate external guaranty systembasic theory,mainly introduces the company’s security concept, classification,thelegislative situation and guarangteeing system legislative situation,this part of thenew “company law “sixteenth article understangding. On the third part of the text,theSupreme People’s Court of previous corporate external guaranty of typical cases,onthe basis of this paper external guarantee system of company legislation. The last partof this is the conclusion of this paper,gives a brief summary.