An Empirical Study On Joint Guarantee

Security department to ensure the repayment of debt for the purpose,set up to the debtor or the third person or property rights.Different kinds of guarantee,in addition to the collateral debtor to provide their own,otherwise the legal status of the guarantor are equal,without which one should be the first implementation of the problem.The relationship between the guarantor and the debtor can not be generalized,and whether or not they bear joint and several relations shall be determined whether there is any definite agreement or the provisions of the law.Through the definition and the theory of joint guarantee rules review,combined with judicial practice perspective,between the common guarantor liability rules can be summarized as follows: according to the agreement agreed between the guarantor agreed;no case,the debtor to provide factoring should receive priority,so as to reflect the ultimate duty;if guarantees are provided by third people,will assume responsibility for security guarantees,people are free to choose any warranty for recovery,and the recovery is not place restrictions;share agreed according to the agreed compensation,there is no agreement,together with the guarantee in accordance with the number of the average distribution,mixed joint guarantee to determine the value of collateral and guarantee liability the proportion of the negative;third types of guarantor coexist,the creditor gives up part of the guarantee right will lead to the rest of the guarantor in the corresponding responsibility Exemption due to third types of guarantor of the same debt secured by the same level of debt,joint debt shall be established.In the twelfth article of the guaranty law and the relevant judicial interpretations,unless there is a definite agreement between the parties,the joint guarantor shall be presumed to bear joint and several liabilities for the debts according to law.In addition,it is not contrary to the legislative spirit of the 176 th article of the property law to affirm the right of recourse between the guarantors.