Study On Jointed-guarantee

As a special type of guarantee, jointed-guarantee has been playing an indispensablerole nowadays in credit intermediation and the smooth realization of debt. Among variouskinds of jointed-guarantees, the hybrid of material guarantee and credit guarantee is themost significant but also the most complex one. Hence, analyzing and setting up rules ofthe mixed one have huge impact on daily business dealings. However, when comparingArticle28of Guarantee Law, Article38of Judicial Interpretation of Guarantee Law,and Article176of Property Law we can easily identify them as inconsistent and to acertain degree, unreasonable. In order to address these problems this dissertationresearches, explores, discusses a number of basic theoretical issues concerning jointedguarantee based on deep reflection upon China’s legislative mode as well as legislators’intent. Featuring comparative perspective, this paper touches on a few key issues in greatdetail such as how to calculate the recourse shares among guarantors, the consequencescaused by creditors’ give-up of others’ responsibility. Lastly a couple of well-thoughtlegislative suggestions are proposed for reference in legal practice.