A Study On The Independenct Guarantee

According to the classifications of dependence of guarantee by Dieter Medicus, a German jurist, this thesis analyzes the guarantee rights and obligations under each mode of guarantee relative to the independence of underlying contracts from five aspects, that is generation, scope, attribution, counterargument and termination, and this thesis compares the dependent guarantee with the independent guarantee. These independent guarantees include the maximum amount guarantee, floating charge, verkehrshypothek, grundschuld, sicherungsubereignung, sicherungsabtregnung, instrument guarantee and independent guarantee. Then the author explains the reasons and effects of the development of independence of guarantee. Finally, thorough the analysis of status and impact of each type of guarantee in integral guarantee field, the author draws the conclusion of this thesis.The author reaches the conclusion that with the advance of economy and society, the disadvantages of dependent guarantee bringing about the division of the nature, credit, interest protection, value, function and outer form of guarantee. Guarantee has begun to develop its independence character since Roman Law, and some independent guarantees have outweighed dependent guarantees in the corresponding fields.