Mixed Guarantee Liability And Judicial Application

Mixed jointly guaranteed as a special form of guarantee for financing in reality,ensure the smooth implementation of creditor's rights plays a huge role,and mixed joint guarantee is the most important to guarantee the most complex form of guarantee,to study and establish its rules is of great practical significance.Guarantee liability is a kind of vicarious liability,whether in danger or goods,the guarantor after the warranty for foreign,all have the right to recourse against the debtor,within the scope of its have made instead of the liquidation of the debtor refund request.Our country law the provisions on guaranty for mixed concentrated but flawed,and is worth further study.First chapter simply introduced in this paper,from the case into the concern of mixed guarantee.The second chapter about content in the mixed guarantee to protect and preserve the basic problem.List exist how to bear the responsibility,when there have three kinds of theories,the guarantee of absolute priority,said the property security responsibility relative priority said,and the property security responsibility and the liability for guaranteeing the equal said.Equality is the mainstream view.The third chapter mixed guarantee responsibility and recover the problem will be discussed in detail.Mixed guarantee liability of the guarantor.In a nutshell is the guarantor(the applicant and the guarantor to assume guarantee responsibilities).And this responsibility is divided into two aspects,one is external responsibility,that is the responsibility between guarantor and hypothec obligee(creditor),in other word,is creditor claim,his right to the guarantor.Second,domestic responsibility,is between the applicant and the guarantor to bear the responsibility,how to recourse against each other.The last one is to case analysis and to solve the problem.