Research On The Effect Of The Company's Unauthorized Guarantee Contract

The company's external guarantee is the natural right and ability of the company.It complies with the original intention of the company law to encourage and promote transactions and is the objective need for the company to participate in the market economy.Article 16 of the company law of the People's Republic of China is the core provision to regulate the external guarantee of a company.However,the current legislation and judicial interpretation have not given a clear explanation on the validity of the contract of the company's over-authority guarantee,and the judicial judgment has different ideas and basis.In judicial practice,the phenomenon of "different judgments in the same case" damages the judicial authority,and the contradictory phenomenon weakens the exemplary function of judicial decisions and even laws,and also leads the company to fall into certain behavioral blindness in the field of external guarantee practice.This paper focuses on the core issue of the validity of the company's overstepping guarantee contract,conducts an empirical study through the combination of case analysis and theoretical analysis,finds out the factors influencing the recognition of the company's overstepping guarantee validity,and puts forward suggestions on the improvement of the law of the company's overstepping guarantee validity.The reason why the determination of the validity of the over-authority guarantee contract of a company is so confusing is that the guarantee standard system has standard loophole and value conflict.When the company in violation of the company law article 16 unauthorized guaranty,decided to contract effectiveness,not only consider a problem from the perspective of the company law,and should be combined with civil subject system overall consideration,and draw lessons from foreign advanced experience of comprehensive consideration,in order to balance the interests of creditors,between the guarantor and the debtor,reduce the significant economic risks hidden behind the company guarantee and effectively protect the legitimate interests of related parties.