Legal Study On Company’s Guarantee

With the rapid development of economy, the corporate guarantee will get more andmore important. Especially guarantee system applied in the process of production andoperation in the company can help the flow of money in the company, to ensure the safetyof transactions, maintain the healthy development of the market economy. In China, thenew “Company Law” of2005edition proves guarantee right for companies. However,there being no further explanations of the property of clause16in “Company Law” and thepenalties in law of violations of guarantee rules, these rules have made the academic worldand the judicial practice confused, and the judgments which lack of the clear trait ofthoughts will also affect the application of the company guarantee in society.Different ways such as historical analysis and case studies, are been adopted in thisthesis research in order to get the purpose of extracting the rules of the companyguarantees based on the local judicial practices, to thoroughly analysis the judging rules inguidance cases of the supreme people’s court and then the organization and conclusion ofthe system and order of regulation in external guarantee of company, serves as the basis forjudging effects of property and significance of clause16in “Company Law” and theobligations of censorship by the third person.The thesis is composed by five parts. The first chapter focuses on guidance cases ofthe supreme people’s court, illustrating the logical trait of the judicial adjudication in orderto understand the reason of the judgement and explain the property and significance ofclause16in”Company Law”. The second chapter introduces the general theory ofcorporate guarantee and basis for a specification. The third chapter presents therelationship between the company guarantees behavior and clause50in “Contract Law”.The fourth chapter describes the relationship between “Company Law” and the company’sarticles of association which stands in the special position in the the company guaranteerules.