Analysis On The Case Of Counter Guarantor's Recovery Rights Between Ruihe Corporation And Tongmu Corporation And Others

With the development of our economy, various financing activities more and more active, guarantee and counter guarantee legal act also appear more frequently in the market economic activities. Therefore, the number of disputes on such cases are getting larger and larger, the puzzling questions in these cases also have important research value.The sample case in this article happens during the period of marriage, involving the guarantee and counter guarantee activities. There are three focus of dispute in this sample case. (1)how to confirm the starting point of the limitation of action; (2)how to distinguish the circumstances of "no agreement" and "uncertainly agreement" about guarantee period; (3)whether the liability happens during the marriage period is matrimonial liability or not.By reason of the counter guarantee is the guarantee's secondary lawful act, the sample case should apply to the PRC Guarantee Law, and judge the guarantee contract as the main contract. As a result, the starting point of the limitation of action in the counter guarantee contact should start at the grace period which the secured creditors demand the debater perform secured debt. By analyzing the nature of "no agreement" and "uncertainly agreement" about guarantee period, combining the specific situation of the sample case, the nature of guarantee period belongs to similar circumstances of "uncertainly agreement". Therefore, the limitation of action should be applied to the regulation of 2 years. Although the sample case happened during the marriage period, the debt should not be regarded as matrimonial liability. Because the lending activity beyond the limit of couple daily dealership and the borrower has not proved the debt belongs to matrimonial liability.