The Legal Analysis On The Case Of Private Lending Dispute

Mixed co-guarantee is the ideal choice of ensuring smoothly implementation of creditor's rights and enhancing credit. It has been widely used in market exchanges and has great significance to ensure the security of funds and the circulation. But at present the relevant laws of our country is very different before and after:such as "property law" the 176th only mentioned the third person shall have the right of recourse against the debtor after the responsibility, and as for its ability to recourse against the other guarantors is silent. But on the basis of the previous "security law" article 28 and "the explanation of the security law" article 38, the guarantor perform the liability for guaranteeing is not only for the debtor to recover the claims against the guarantor can also share they should bear. The regulation is so different before and after that produce intense debate in the theoretical circle and practical departments, at the same time the judicial organs in dealing with this problem also produce confusion of the applicable law. Due to this reasons, we need to further research on this question, hoping to be helpful to us.This paper uses the research method of case analysis, together with a folk lending dispute as the breakthrough point. Firstly I introduce the case and show the court dispute focus results and cases, then summarize the focus of the controversy, analysis and argument:First, the legal analysis of responsibility when the guarantee and the property security of the debtor coexists. This part mainly analyzes the case involving the general theory of mixed co-guarantee, legislative model and their value orientation.Second, the analysis how to apply law when the related legal regulations on mixed co-guarantee conflict. This part analyses the provisions of the relevant provisions in turn and puts forward the case involves applicable principles and thinking of the provisions, and discusses the guarantor can recover the problem.Third, the analysis of whether can set up mortgage right when the debtor uses his own vehicle to establish mortgage. This part mainly analyzes the mortgage right in this case, and explains the influence of mortgage registration is to set up mortgage right.Based on the above three controversial focus as the main line, try to make the introduction on the related issues, and induction and demonstration. On this basis, I mention the superficial thinking about the related issues of mixed co-guarantee to appeal the attention of everyone and except that the relevant judicial explanations will be introduced as soon as possible, with the purpose of making such problems resolved better and faster.