Study On Guarantee Period

For the provision of guarantee period, were found in the "security law" and "security law judicial interpretation" of the provisions of the system during the warranty period, and ensure that the statute of limitations breakdown of claims, undertake to guarantee the debt limit. However, in practice, to ensure that the specific application or during exposed many problems. From the theoretical basis and the judicial system during the guarantee to start practice, combined with the experience of other countries, the relevant system, as well as analysis of judicial interpretation, made a number of specific recommendations in order to ensure a better system applicable period.In addition to the introduction and conclusion, this paper is divided into four parts:The first part is about the definition of the guarantee period, mainly discussed the meaning of the different theoretical perspectives, the nature and type. Comment theoretically guaranteed by understanding the meaning of different period, summed up the guarantee period clearly defined.The second part is about the value of the guarantee period legislation through theoretical disagreements answer from a rational point of view why the statute of limitations under relatively healthy environment also set guarantee period.The third part is how to determine the guarantee period. Ordinary and special points during the warranty period, there are conventions and legal guarantee of the points during the ordinary. This chapter during re-assurance to make a new understanding by some law questioned. Special circumstances to ensure that during the warranty period is divided into the period of the most high assurance and installments. Analysis by determining the maximum amount of guarantee period and installments to resolve the problem in practice.The fourth part is the Suretyship Contract Prescription and guarantee the same point with the main contract during the statute of limitations and differences, as well as between them and at what time point of convergence conversion issues were discussed.