On The Liability Of Mixed Guarantees

Nowadays,the market economy is developing rapidly,and the hybrid guarantee system plays an extremely important role.The system enables funds to be effectively circulated in the economic market,which is of great significance for ensuring the smooth realization of the legitimate rights and interests of creditors and quickly meeting the debtor's temporary funding needs.The provisions of China's mixed guarantee system mainly focus on the "Guarantee Law","Interpretation of the Supreme People's Court on the Application of Certain Issues in the Guarantee Law of the People's Republic of China"(hereinafter referred to as "Judicial Interpretation of the Guarantee Law")and the "Property Law".The promulgation of these three existing laws is a long time apart and the introduction of each law is only satisfied with the social and economic development at that time.There are serious contradictions and conflicts between laws and regulations,which highlights the shortcomings of legal lag.With the changes in social life,the laws on mixed guarantees are constantly changing.The general and different regulations often lead to conflicts in the application of rules or the complicated situation in which the theory is separated from practice.The academic and practical circles of the system There are also many controversies.Based on this,we need to pay more attention to the issue of responsibility for hybrid guarantees and conduct in-depth research.This paper intends to use the methods of comparative law and empirical analysis to summarize,analyze and discuss the contradiction and application contradiction of the mixed guarantee system in China.The first chapter: the introduction part covers the existing phenomenon of mixed guarantee in our country and the thinking caused by it.The second chapter: using the actual case as an introduction,put forward the disputes and problems related to the hybrid guarantee.The third chapter: clarify the concept of mixed guarantee,summarizing the exclusive characteristics of the hybrid guarantee different from the characteristics of the ordinary guarantee method,clarifying the legal relationship in the mixed guarantee and summarizing the basic types of mixed guarantee in the application.The fourth chapter: The focus of this chapter is to study the theory of mixed guarantees around the world.According to the different legal provisions of mixed guarantees in different countries such as France,Germany,Japan and Macao,analyze the advantages and disadvantages of different legislative models.From the perspective of theissue,the issue of the responsibility of the hybrid guarantee is discussed.Finally,it sorts out the legislative model of China's mixed guarantees,analyzes the advantages and disadvantages of China's legislative model,and finds the problem of China's legislation.The fifth chapter: This chapter is the most important part of this paper,which mainly discusses how to pay off and divide the liability of the mixed guarantee in reality,and through the study of the external selection of the guarantor and the internal claim of the guarantor,This paper analyzes the necessity of internal claim of guarantor and how to divide the share of claim under different legal conditions.At the same time,this chapter also discusses in detail the legal consequences of the active and passive waiver of security by the creditor,so as to understand the legal consequences of the creditor abandoning the security under different circumstances.Finally,the theory and practice are combined to introduce the actual case at the beginning.The specific analysis shows how to bear the liability of the mixed guarantee.In summary,it is all the content to be discussed in this article.It is hoped that through the analysis and research of practical issues,it will be beneficial to explore relevant academic theories.