On The Applicable Relationship Between The Guarantee Period And The Statute Of Limitations

In the academic study of guaranteed contracts,the differences and relations between the guaranty period and the limitation of action have been hot issues.There is conflict and ambiguity in legislation because of the legislative technic,understanding of the laws and other reasons,making the theorists and practitioners in a tangle.Article 25 paragraph 2 of the Guarantee Law of the People's Republic of China(hereinafter referred to as the ‘Guarantee Law')is in conflict with 31 st and 36 th of the rules of Interpretation of Several Issues Concerning the Application of the Guarantee Law of the People's Republic of China(hereinafter referred to as ‘Judicial Interpretation of the Guarantee Law),released by the Supreme People's Court on Sep.29,2000,which leads to confusion of applicable law in judicial practice.This kind of dispute is often begin with concept,nature of the guarantee period,followed by the relevance of guaranty period and the guaranty contract,and finally how the limitation of action of main contract and the guaranty contract is associated with each other.This argument tends to regard the issue as a matter of theory,rather than the practice questions,or follows a concept that we must first solve theoretical problems,before you can use the theory to guide practice.But there is little detailed discussion on whether some system of theory came to the conclusion with actual,real help.In fact,system of guaranty period and the limitation of action need to be applied and tested in practice.Theory can guide this process,but no substitute for practice plays a fundamental role in the development of the legal system.This paper will proceed from the nature of the guarantee period,analysis of problems existing in the system of guarantee period and the limitation of action.Then,this paper will make extracts and summarizes on how to solve the problem these theories in practice,and point out that flaws in the legislation by clarifying the relationship between the guarantee period and the limitation of action,and propose changes.