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The Assumption Of The Obligation In Mixed Co-guarantee

Posted on:2019-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:B Y GuoFull Text:PDF
Abstract/Summary:PDF Full Text Request
Mixed co-guarantee involves many principal parts including creditor,debtor,mortgager and guarantor,and it crosses different domains of The Law of Obligation,The Real Right Law and The L aw of Guarantee,meanwhile the active law of our country consists of many legal rules and interpretation which conflict with each other,so it leads to the arguments in academic and judicatory practice and still have no uniform answers.There were many divergent regulations and conflicts about mixed co-guarantee until Chinese property laws was put into force in 2007.Chinese property laws give more integrate and specific conclusion about the assumption of obligation in mixed co-guarantee,there are still constant argument about the regulation even though the legal rules of Chinese property laws have been widely adopted in legal category and practice.In this paper,the first part and the second part tease the basic framework and main legislative models of mixed co-guarantee,forming the conclusion of the best way of solving the assumption of obligation is Chinese property laws,and then analyse and solve the particular method of disposition during four different situations embody the guaranty is offered by guarantee,the guarantee of things loses its legal force or even the collateral loss,the creditor delayed in exercising rights.This paper adopt the method of com.parative research and survey research,applying legal provisions of the Property Law to analyze the the specific responsibility commitment.This paper is aimed at further clarity of the assumption of the obligation in mixed co-guarantee.
Keywords/Search Tags:mixed co-guarantee, personal guarantee, material guarantee, legislation model, the assumption of obligation
PDF Full Text Request
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