The Research Of Guarantee Period

Guarantee system is rich in content, esoteric abstraction. Guarantee period is the most important issue of the system. In theory and Practical application there are many contradictions in the relevant provisions of the Guarantee period.For example, the concept of the guarantee period, the nature of the guarantee period, the relationship between guaranty period and extinctive prescription for both the principle debt and the debt of guaranty and so on. The root cause of the contradictions is unclear understanding of the nature of the guarantee period.The article elaborat the relevant content of guarantee system through analyzing the contradiction of our legislative system to guarantee system. The author hopefully be able to offer a few ordinary introductory remarks so that others may offer their valuable ideas through the reunderstanding of the theory of guaranty period.This article can be divided into four chapters.The first part is to discuss the meaning of guarantee period,the value of the system and the scope of application, the article define the concept "the maximum period that the guarantor can tolerate the creditors do not actively exercise" through analyzing and contrasting the concept of the guarantee period. Then the author comes to the conclusion that the general guaranty need to establish the guarantee period but the suretyship of joint do not need through analyzing the value of the guarantee period.The second part is to introduce foreign legislation model of guarantee period and thus we should learn from the model. This article summarizes legislation of guarantee period into the concensualism of legislation mode and the legal doctrine of legislation mode through analyzing Specific provisions of foreign guarantee period.Then the paper analyze legislation model of our choice from the perspective of the real. This article proposes the reasonable legislative choice of our guarantee period from the perspective of rational evolution through analysis of the pros and cons of foreign regulations. The third part focuses on researching the nature of guarantee period.In this part the author comes to the conclusion through theoxetical analysis and contrast:the nature of guarantee period just is the attached effective element in contract of guarantee.The fouth part is to introduce the relationship between guaranty period and extinctive prescription for both the principle contract and the contract of guaranty. This article describes the relationship between guaranty period, the principle contract and the contract of guaranty from the perspective of the suretyship of joint and the general guaranty.