Research On The Limitation Of Actions In Guarantee Period And Guarantee Contract

As a special contract,a guaranty contract has special provisions that are not available in other contracts.For example,the guaranty period and the commencement,interruption and suspension of the limitation of action are specified in special provisions.Moreover,as a subordinate contract,a guaranty contract is attached to the master contract and involves multiple periods in its realization process.Since the enactment of the guaranty law,the relevant provisions of the guaranty contract have caused great controversy.However,with the judicial interpretation and the introduction of relevant laws and regulations,not only the applicable disputes of various periods involved in the guaranty contract have not been solved,but new contradictions have emerged.With the development of the compilation of China's civil code,the civil code contract compilation(second review draft)has modified the relevant provisions of the guaranty contract to make it more reasonable,such as changing the application mode of guaranty mode in the case of unclear agreement,the starting point of the limitation period of general guaranty contract,etc.In this paper,the author through reading the existing literature and the court's judgment of the case analysis of the way to ensure that the contract of limitation of action.First of all,because the initiation of the limitation of action of a guaranty contract is directly related to the behavior of creditors during the guaranty period,the author in the first part discusses the guaranty period,especially differentiates the nature of the guaranty period,and draws the conclusion that the guaranty period belongs to the elimination of the limitation from the perspective of legal effect and legislative purpose.Secondly,the initiation of a suretyship contract originates from the fact that the debtor in the main contract has not fully performed the debt,while the suretyship period assumes the transition from the main contract to the contract.Therefore,the author then discusses the relationship between the limitation of action in the main contract and the suretyship period.Thirdly,the author discusses thestarting point of the limitation period of a guaranty contract,and sorts them out according to the general principles of civil law and the interpretation of guaranty law respectively.It is found that the starting point of the limitation period of a guaranty contract is not reasonable and should be amended.Finally,the author analyzes the provisions on the interruption and suspension of limitation of action of guaranty contract and the interruption and suspension of limitation of action of main contract in the interpretation of guaranty law,and concludes that article 36 of the interpretation of guaranty law conflicts with the existing limitation system and should be deleted.