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Study On The Practice Of Jointed-guarantee

Posted on:2018-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:W L ChuFull Text:PDF
GTID:2336330515955544Subject:legal
Abstract/Summary:PDF Full Text Request
There are conflicts and imperfections on the practice of jointed-guarantee for China's current law,reflecting and design the corresponding perfect rules urgently for our judicial practice is necessary.In this paper,through empirical analysis and combined with the judgments of local courts,it is found that the main problem of jointed-guarantee in judicial practice is how the creditor should perform;Whether the guarantor and the third person between the insurers can reclaim each other;creditors to give up one side of the guarantee responsibility to the other side of the impact.On the basis of the existing research results,the author thinks that if there is no definite agreement on the coexistence of the insured and the material security,if the debtor himself provides the property insurance,it is not necessary to consider whether the guarantee method is a general guarantee or a joint guarantee.Restrictions,that is,the creditor must first realize the debt of the debtor's material security;If the third party is provided for the consignment,the creditor may choose between the guarantor and the insured person.Under the position of the guarantor and the insured person's egalitarianism,it shall be determined that the guarantor and the third-person consignor can reclaim each other,and the respective share shall be determined according to the proportion of the respective guarantee.Where the creditor waives the party's liability for guarantee,the other party shall be exempted from the guarantee liability within the corresponding scope.
Keywords/Search Tags:jionted-guarantee, credit guarantee, material guarantee, reclaim right
PDF Full Text Request
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