Research On The Institution Of The Guarantor Recourse

Guarantee system has existed since ancient, with the continuous development of thesocialist market economy, the private lending develop fast, and Guarantee system also beprosper, so guarantor recourse will be increasingly prominent. From the point of the existinglegal system, there is no specialized norms. Relevant provisions only seen in "Principles ofCivil Law","Property Law","PRC Security Law","Supreme People’s Court on theapplication of <PRC Security Law" Interpretation of Several Issues "and other laws andregulations of a single line and judicial interpretation. This is imperfect to protect theguarantor recourse with law.In this paper, a case of starting， first introduced the request basis of guarantorrecourse,different legislations and the guarantor recourse in china’s current law. then from thedifference between the recourse and subrogation analyzed the nature of claims and theclassification of the scope of the request repayment. Finally, Combined with the specificissues involved in this case and make some proposals to improve Legislative and expect theguarantee system’s longer-term development.The text of the paper consists of six parts：Part1and Part2：Case presentation and focus dispute. Describes a case and its focus ofcontroversy, leads the guarantor recourse which is the Discussion Object of the article.Part3： outline of the guarantor recourse. By introducing the guarantor claims of theextraterritorial legislation， combining with our country’s specific conditions， selectiveanalysis the guarantor claims request basis.Part4： From the difference between the recourse and subrogation, this section analysisthe nature of the guarantor’s right of claim and it in our current law.Part5： the scope of the guarantor claims is most intuitive performance of the disputeresolution in the judicial practice， this section has conducted some detailed classification.Patr6： Based on the comment of the case focus and the previous research, we can learnthe legislative experience from abroad, and put some rough proposal to improve thelegislation related the guarantor recourse.