On The Problem Of The Guarantor’s Liability For The Invalid Guarantee Contract

On the system of invalid guaranty contract, research results of the domestic and foreign academic circles and judicial circles have been quite fruitful. In this paper, based on the results, the invalid guarantee liability of the guarantor contract as the research object. To ensure that the contract is invalid, the guarantor is liable to creditors, such as bear, bear the responsibility and how to assume responsibility. These problems of the current legislation is involved,but there are still unreasonable and gaps, which has practical significance for specific analysis according to different situations.This paper is divided into five chapters discusses this problem.The first chapter is an overview of invalid guarantee contract. To ensure a broad meaning, this chapter analyses the concept of the contract is invalid, the invalid contract of guaranty refers only to the absolute invalid.The second chapter invalid guarantee contract and the nature of liability of guarantee. This chapter is the foundation of the full text form, is the first to clarify the problem. Study on the guarantee that people should take what kind of responsibility of the contract null and void. The academic circles and the contracting fault liability to distinguish two kinds of mainstream view. In this paper, the liability of the guarantor to support differentiated according to different situations or contracting fault liability or tort liability point of view.The third chapter is to ensure the elements of liability in the guarantee contract. In this chapter, according to the nature of the responsibility to ensure the thorough analysis of imputation principle of the contract to ensure that the responsibility to ensure that property is invalid, bear is not the same, but the conditions of the principle of liability has certain similarities, such as the guarantor of the subjective fault, damage facts creditors objectively,causal relationship two and.The fourth chapter is invalid guarantee contract to ensure that the scope of responsibility cognizance. The above macro analysis of invalid contract of guaranty guarantee responsibility and invalid guarantee contract elements, this chapter from the micro to invalid guarantee contract guarantee responsibility. The focus of this problem lies in the distinction between the loss of reliance interest of the creditors and the creditors a total loss.The fifth chapter invalid guarantee contract guarantee responsibility of judicial application. In this chapter, combined with China’s guarantee law and its judicial interpretation of the provisions, and further analysis of the different situations to ensure that the contract is invalid, the share that who should bear the compensation responsibility problems.