The Analysis Of The Guarantor Spouse's Responsibility In Private Lending Dispute

When the problem of the guarantor spouse's responsibility in private lending dispute appears in juridical practice,there are unified judging standards or academic points in practical field and theoretical field.Based on the related characteristics of guarantee and basic quality of guarantee contract,whether the guarantor spouse gain interests from the guarantee contract plays a decisive role in whether he or she should shoulder the responsibility.The law of our country doesn't make clear stipulations about about the responsibility of guarantor spouse,but whether he or she should shoulder the responsibility is closely related to the speculations of Marriage Law,Contract Law,Guarantee Law and so on.This paper will discuss the responsibility of guarantor spouse from three aspects.The paper will first introduce the discussion point of whether the guarantor spouse should shoulder the responsibility in the academic field through two judicial cases.The academic field and practical field mainly have two perspectives on this problem.The first point is that when the precondition of malicious collusion and debt can be excluded,the guarantor spouse should shoulder the responsibility just according to the explanation of the 24 th speculation of marriage law in our country.The second point is that we should not only consider the related stipulations of marriage law,but also consider related quality of guarantee and guarantee contract and analyze the detailed situations of the case when discussing whether the guarantor spouse should shoulder the responsibility.The paper makes analysis and discussions on guarantor spouse responsibility from different aspects including the property system,debt and marriage situation ofmarriage law,related speculations of guarantee law,the basic quality and relative principle of guarantee contract in contract law and whether the guarantor has the right to be dealt with.If we want to determine the guarantor spouse responsibility,the fact that the guarantor spouse gains corresponding interests is a requirement.The marriage property system and the marriage situation is the basis of determining whether the guarantor spouse gains corresponding interests.Also,no right to deal with the related question and contract relative principle has an important influence the guarantor spouse's responsibility.When analyzing the responsibility of the guarantor spouse,we should combine the above three aspects to determine the real situation of the case and make a judgment according to detailed case rather than just rely on the speculations of marriage law.The author develops the solution to this problem through analysis of two cases,that is the creditor can apply for the court to determine that the guarantor spouse takes part in the lawsuit as the third party without independent applying rights so that it's better to find out the truth and solve the dispute of guarantee contract.