On The Protection Of Mixed Co-surety

The appearance about mixed co guarantee of human security and physical security is the product of fast development of the credit economy; compared with a single security way, it provides more stable rights protection for creditor.The mixed co guarantee has the characteristics of security guarantee and physical security, and provides double protection for the interests of the creditors, but the development and improvement of the mixed co guarantee can not be off the protection for the guarantor’s rights.The Recourse and subrogation after guarantee responsibility is an important institution of the protection for guarantor’s right, but because of inconsistencies about the recourse right and gaps dealing with about the subrogation right on legislation makes protection for guarantor is the starting point and end point of author’s study, and this thesis closely discussed around the mixed co guarantor’s rights of recourse and subrogation, ultimately concluded:in a mixed co guarantee, the parties do not share it guarantees or share unclearly, each should bear joint and several guarantee responsibility. After guarantor undertook guarantee responsibility, has the right of recourse to other guarantor when can not recourse the debtor, and required to pay the share which can be averaged by the number of guarantors. Guarantor enjoy not only recourse right, but also subrogation right, that is to say,the guarantor who undertook guarantee responsibility has rights of subordinate creditors within the scope of the right of recourse.