A Study On The Right Of Recourse Of Mixed Joint Guarantor

With the development of market economy,to promote the circulation of funds and financing activities smoothly and orderly,the form of debt relationship more types continue to emerge,in order to ensure the security of transactions,the protection of economic interests,adapt to the needs of the economy,the emergence of mixed joint guarantee is to strengthen creditor's rights to protect the interests of creditors.When a guarantor assumes the secured debt in the debtor is unable to repay the debt,have the right to the undertaker to recourse against the debtor is in doubt,but whether it can guarantee to other internal recourse,and how to exercise the right of recourse,this paper is the main content of.The first part is a brief introduction to the basic situation of the mixed joint guarantee,and the concept is also divided into several concepts.And its unique features and other forms of the same characteristics of a simple summary,as well as several types of introduction.The second part introduces two kinds of guarantee insurance and security situation of two face problems coexist,the first is the creditor in the debtor fails to repay,the mixed joint guarantee the exercise of rights and whether there is a limit order.There are different views on the legislation of each country in the history of the development of the relevant issues,which are divided into three kinds of theories,and the comparison and analysis of these three theories.On the other hand,it introduces the relevant laws and regulations on the issue of mixed joint guarantee in our country,and what problems should be solved urgently.The third part,mixed joint guarantee in the number of parties,the legal relationship between the guarantor of the complex also causes difficulties in the judicial practice of the guarantor responsibility confirmation,the guarantor of the internal order about responsibility has become difficult.According to the results of judgment for such cases in the judicial precedents,summed up the focus of controversy,whether mixed joint guarantee internal mutual right of recourse,the exercise of rights is reasonable,to confirm the rationality of the right of.recourse to legal theory and practice experience.In the fourth part,the author affirms the specific rules of the exercise of the right of recourse after the guarantor's right of recourse.First,when the debtor cannot pay off all payments due on time,after the guarantor to perform the obligation of guarantee,according to China's laws and regulations,can request to repay its share to repay all the principal debtor,whenever the principal debtor is the final repayment,but also be able to request not to assume responsibility for security people should share more than repay.However,in the practice,whether the double right of recourse has the order restriction to the debtor and the guarantee.