The Applicable Law Of Mixed Coguarantee

In practice,in order to guarantee the realization of creditor's rights,creditors can guarantee through the guarantee of the establishment or the guarantor.When the creditor's rights are guaranteed by both the property and the person,the problem of the execution order of the guarantee arises.At this time,the law should be clear about the order of the creditor's execution of the guarantee,whether the parties are allowed to agree on the order of the execution of the guarantee,the object of recourse and the procedure of recourse of the guarantor who is first chosen by the creditor to execute,but because of the inconsistency between the laws,there is a constant debate between the theoretical and practical circles.In this regard,this paper attempts to divide the controversy into six parts,respectively,to explore and break through each.In the first part,aiming at the misunderstanding of 176 articles of the Property Law in judicial practice,the different"agreements"are clarified.The second part introduces different legislative cases and their differences,and discusses different legislative cases combined with judicial precedents to discuss whether it is necessary to distinguish the security provided by the debtor from that provided by the third party.The third part discusses whether joint and several liability exists among guarantors and whether it can be recovered from each other.In the fourth part,after affirming the guarantor's internal right of recourse,it discusses how to divide the guarantor's internal share according to the calculation method.The fifth part discusses whether the guarantor's right of recourse is sufficient to fully protect the guarantor and whether the subrogation is necessary for independent provisions.The current law of our country has adopted different legislative examples in the execution order of guaranty when guaranty of person and property coexist.Moreover,the scope and object of guarantor's recourse are not clear,which causes the judge to be at a loss when applying the law and results in different judgments in the same case.This article only puts forward some superficial views on this.