Study On Reconstruction Of Guarantor's Rights

China's guarantor's rights system includes guarantor's rights and guarantee responsibilities,but there is an imbalance between guarantor's responsibilities and interests,guarantor's rights and benefits are not circumstantial,guarantor's rights are protected too briefly,and it is difficult to fully protect guarantor's rights.It is necessary to protect guarantor's rights and interests.The position restructured the guarantor's rights system.Since the guarantor does not have rights over the obligee,and the change in the debt and the debtor affects the guarantor's commitment to bear the responsibility and recover the debt from the debtor,the guarantor has the right to information about the information that may lead to aggravated guaranty liability.Creditors and debtors should actively inform or request the guarantor to inform the debtor and the debtor of information,the creditor's low price assignment of creditor's rights,the bankruptcy of the debtor and whether the creditor has declared the creditor's rights,and other guarantors should know the information.If not,the guarantor is no longer Take responsibility for guarantees or assume lighter guarantees.In order to achieve the goal of reducing the guarantor's liability and simplifying the legal relationship,and from the perspective of economic value and judicial practice,the guarantor enjoys the preferential right of transfer under the same conditions when the creditor assigns the creditor's rights to a third party at a price lower than the total amount of the creditor's rights.When the creditor and the assignee do not notify the guarantor of the low price of the transfer of creditor's rights,the guarantor only assumes the guarantee responsibility in the transfer price.After the joint guarantor assumes the responsibility for the guarantee,he or she will enjoy the right to share the other guarantors.In particular,under the circumstance that several guarantors provide joint guarantees for the same debt but do not know each other,in order for the joint claimant's right to claim for sharing to be exercised effectively,the creditor should perform the obligation to truthfully inform the existence of other guarantors,otherwise it shall assume the responsibility of the guarantor.Compensation responsibilities.If the guarantor knows afterwards,he may claim the right to claim from other guarantors within a reasonable period of time.Of course,if you do not look at the problem from the perspective of perfectingthe guarantor's rights,you can also achieve the purpose of protecting the guarantor's interests by increasing the guarantor's statutory reasons for exempting the guarantee liability.Based on the principle of guarantee,the guarantor's right to information and priority of transfer,and the joint guarantor's right to share the claim and its related rules also have room for the guarantor of the object.