Analysis Of The Invalidation Of Guaranty Contract And Its Civil Liability

Guaranty contract dispute is a kind of common dispute in judicial practice;guaranty contract valid,guarantor undertakes guarantee responsibility;guaranty contract invalid,guarantor shall be liable for damages if he is at fault.There are many different reasons to cause guaranty contract invalid,different reasons and fault degree,guarantor will bear different nature and scope of damage compensation liability.The article divides four parts to discuss and analyze for the invalidation of guaranty contract and its civil liability.The first part starts from the analysis of invalid guaranty contract itself effect;deficient form and subject active ability,flawed declaration of intention,violation of the mandatory rules of laws and regulations,how much these factors affect guaranty contract validity,and whether they will render a contract void.The second part is the guaranty contract in subordination regulation.In principle,accessory contract will be invalid if principle contract is invalid;principle contract has the same validity if it is in other validity situation;it emphasizes debtor validity recognition in principle contract when he is suspected in economic crimes.The third part recognizes nature,constitutive requirement and.The fourth part analyzes and researches the application of laws of guarantor liability for invalid guaranty contract.There may be some defect and unreasonable points in current Guarantee Law of the People's Republic of China and its judicial interpretation.The article gives analysis and demonstration on related points in order to help the judicial work.