Research On Corporate Guaranty

There are many Companies rights itself ability,including the company's foreign guarantee ability,as well as the objective need of companies to participate in market competition.There is no doubt that corporations have guaranty ability guaranty legal system in the company plays a vital role,in 1993 the company law of guaranty clauses are too simple,whether for guarantee ability limit fuzzy,in 2005,the company law of guaranty ability of clear legislation must be in great progress.When the affirmation of the guaranty ability of company,the company should be how to exercise this right ability is key,of the company's external guarantees rights at the same time by the company law,the"security law" and "contract law",but the three legal provision is too principle,fuzzy processing for company guarantee the important problems,no specific,detailed list,the current legal system of the relevant specification too "smooth",therefore,to ensure that the company guaranty law has a place in the process of practical application is of great significance.In the practice of the courts at all levels to guarantee trial tend to guarantee the effectiveness of the contract as the center,to analyze the various clauses in the contract,guarantee decision-making body whether children,hypothec person whether to perform the duty of their review will eventually current guarantee law system combined with the analysis to judge to guarantee the effectiveness of the contract.This article revolves around the company law,the relevant provisions of the before and after revision change detail analysis on specific provisions,the new "company law" clearly gives companies the ability of external guarantees,research outside the relevant legal system,evaluation and reference of the outside legal system,through the analysis of unauthorized guarantee the effectiveness of the contract the legal system to explore in practice how to normatively,found its deficiency and put forward the perfect proposal.