| The company's guarantee activities cannot operate normally without the strong support of relevant laws.From the perspective of judicial practice,mang cases that related to the company guarantee have suffered the same situations but been given the different judgments.From the perspective of legal academic,the scholars have had heated debates on the advantages and disadvantages of the company guarantee system,and have not yet reached a consensus on the effectiveness of ultra vires guarantee by the legal representative of the company.Taking the private lending disputes case of Zhejiang Hanbizijin Industrial Development limited company and Zhu sufang as an example,the main content of this paper focus on the legal validity of the ultra vires guarantee of the legal representative of the company.The basic idea of this paper is on the basis of analyzing the legal basis and the judicial judgment reason of the guaranty of the legal representative,to explore the legal representative's right to guarantee on behalf of the legal person,the attribution of the effect and the review obligation of the security holder one by one.The conclusion of this paper is that the legal representative of the company is over-authorized,and the security holder has not fulfilled his obligation of reasonable examination,Therefore,the guarantee contract is invalid. |
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