Guarantee Guarantee Definition

In the norm of the civil law, guarantee also known as the human beings' guarantee as a form of credit guarantee that corresponds to the property law.The third person make a promise to the creditor that when the the principal debtor didn't pay for the debt,the third person will do it. Guarantee because of the features of easily setting, simply implement become widely adopted in practice in credit practice.However,the features cause that in the practice some behavior are named “guarantee” but actually not appear. Just as the scholars said “Not every behaviour which is named “guarantee” means the guarantee in the guarantee law.So the behaviour which is named “guarantee” should not apply to the guarantee law. Given that in circles there are not a consistent, definite assurance of defined standards, so there is a big controversy that whether the "guarantees" are the guarantee stipulated in the guarantee law.Along with the socio-economic development, the demand of financing is also continually increase, I believe there will be more "guarantees" in the future.Therefore, this paper will combine a great deal of jurisprudence and scholars' viewpoints, identify the "guarantees" in the practice by using the case analysis, comparative analysis and value analysis,clarify the defined standards of the theory of the guarantee. Ultimately aims to address the nature of the "guarantees" may appear on the current and future practice.In the first part of this article explains that the real difficulty of defining the guarantee in the practice, lists some of the typical confusion between "guarantees" and guarantee.By referred to in the first part of this article, combined a great deal of jurisprudence and scholars' viewpoints, of the first general the second part has stated the construction of the guarantee which is non-formal, compensatory acts and expression on both sides, then summary the defined standard of the guarantee is the clear intentions.There are five natures to identify the intentions of the guarantee.Third part of this article is based on the second part of the definition of the guarantee,and return to practice to test the standard s, demonstrate the rationality of the guarantee standard.