Concerning The Effectiveness Of The Company To Guarantee The Legal Representative

In the loan contract,the company without the company of the shareholders' committee resolution operating guarantee,its effect is not clear,in the company law,so that often appears different connection with judicial practice.This paper,taking a,good company Du Mou and gong of borrowing and guaranty contract disputes as the breakthrough point,around good does the company undertake suretyship liability? To analyze the behavior of the good company is a guarantee or a debt to join in the case,determine its behavior is the guarantee,and from two aspects: internal and external causes of the case analysis.Internal aspects,in order to "company law" the legal attribute of the second paragraph of article 16 as the starting point,analysis the influence on good company guarantee contract effectiveness;External causes,through the case whether there is excessive,the obligor review obligation of the fraud,the creditors,effects of external factors on company guarantees effectiveness.Finally,combining with the existing in current judicial practice the referee rules,the company guarantees effectiveness were discussed,thus a conclusion on the analysis of the case.The author believes that the second paragraph of article 16 of "company law" belongs to the administrative compulsory standards,should not be used as the basis for that contract effectiveness;Creditors of the company to provide guarantee of the shareholders' committee resolution shall have the obligation to review form only.