A Research On The Co-guarantee System

Co-guarantee can be divided into three categories: The guarantee of multipleobjects, multiple preserve coexist and preserve and protect coexist and guarantee.In order to make the creditor’s rights be sufficiently realized and reduce the debtsettlement risk, on the single debt, There are a variety of means to coexistphenomenon, Both real security, and the existence of guarantee, We know, as a kindof compensation liability guarantee responsibility, whether real security or guarantees,The guarantees shall be entitled to request the return of the settlement within thescope of the guarantee provided from debtors that the guarantor assume responsibility.But it is little provision about the order of repayment and reclaim right of China’s"Property Law","Guarantee law", and "judicial interpretation of guarantee law" inguarantee and guarantee both exist，guarantee and real security both exist，realsecurity and real security both exist.And some conflict between the provisions,even in terms of the relevant provisions is blank, Above all, in the situation of realsecurity and real security coexist. Despite what specific provisions in the mortgageand mortgage, But there are imperfected.With the development and progress ofsociety, because of Lack of specific operability in practice, The improvement of thelegislation and theory about co-guarantee urgently needed to resolve. The study ofthis thesis is that of real security and guarantee coexistence, real security and realsecurity coexistence, guarantee and guarantee coexistence.Through review theapplicable rules of real security and guarantee coexistence. Pointed out the faultinessabout the nowadays legal norms, and thus put forward my views, through thedomestic and foreign legal system of common guarantee the legal system aredescribed and discussed, I hope on the basis of existing laws to better address thecoexistence of multiple security methods to help judicial practice.