The Right Of Internal Recourse Of Guarantors In A Joint Guarantee

Since the "People's Republic of C hina Guarantee Law" issued in 1995 to the "interpretation of security law" issued by the Supreme People's court in 2000 and the "property law of People's Republic of China" implemented in 2007,the system of security in China has gradually formed a more mature system after several legislative improvements,but there are still many problems still to be studied.Among them,the mixed joint guarantee is the most complex and controversial area.With the turbulence in the field of financial market in recent years,banks and other financial institutions have further promoted the threshold of financing for small and medium-sized enterprises,and the establishment of several and several legal relations under the same creditor's rights has become an industry practic e in the financial field.C hina's current law has not yet explicitly defined the guarantee form of such a variety of guarantee types,which is generally referred to as the mixed joint guarantee.The issue of internal recourse of mixed joint guarantees is t he most difficult and controversial issue.In fact,the interpretation of the security law issued in 2000 has already given the right of the guarantor who has assumed the liability for security to recover from the other guarantor other than the debtor,but the property law of the People's Republic of C hina does not grant the right to the guarantor who has been responsible for the guarantee.According to this,some scholars and judicial practice workers think that the legislative willingness of the property law of People's Republic of C hina is to deny the internal recourse right of the mixed joint guarantee,while another part of the scholars and the judicial practice workers think that the property rights law of People's Republic of C hina is the legal relationship of real right.We cannot make specific provisions about the claim legal relationship,so the guarantee law and its judicial interpretation still have room for application.In the voice of affirming the internal recourse of the mixed joint guarantee,there is a great controversy about the order of its rights and the determination of the recovery share.This article is to study the exercise rules of the guarantor's internal recourse and their rights in the mixed joint guarantee.