Research On The Right Of Recovery Of Joint Guarantee

With the economic development of our country entering a new stage,the economic intercourse between people is increasingly close,and the frequency of creditor's debt relationship is increasing.Then,as an effective way to guarantee the realization of creditor's rights,guarantee system plays an important role in reducing credit risk and realizing the normal circulation of capital and commodities.The mixed jointly guaranteed by the "guarantee" and "guarantee",which is a mixture with the advantages of both,is the most important and most complex jointly guaranteed a way of guarantee,is widely used in the reality of economic activities.Hybrid joint guarantee on the one hand,to share a single a way to guarantee its own risks,such as the guarantor loss of solvency,the guaranty contract is determined to be null and void or revoked,etc;On the other hand,it is of great significance to finance the debtor.In addition,the research on the mixed co-guarantee is not mature enough,such as the definition of the concept and characteristics of the mixed co-guarantee and the mixed co-guarantee right of recovery.Whether there is a problem of mutual recovery between guarantors and the lack of research on the nature of the right of the mixed joint guarantee and so on.This paper aims at these problems,combined with the research of relevant judicial cases and related theories,and tries to put forward some perfect suggestions from the share of recovery,the way of recovery and the order of recovery.To deal with similar cases in judicial practice to provide a stable legal basis.