Internal Claims Research In Mixed Joint Guarantee

The responsibility for the mixed joint guarantee is in the right place and belongs to the field of private law and autonomous.For the creditor,the guarantee is equivalent.Therefore,there should be no difference in the status between the guarantors.In the responsibility,it is advisable to implement the guarantee egalitarianism of the person and the creditor,and give the creditor a full choice.It is premised on the implementation of the guarantee provided by the creditor,which is in line with the intention and the best interests of the creditor to establish the guarantee,which is conducive to reducing the cost of the realization of the creditor's rights.In addition,internal claims between guarantors are reasonable.Since the functions of the creditor law and the guarantee law are different from the legislative purpose,even if the guarantor and the debtor constitute a non-real relationship,the guarantors can share the responsibility,and most of the extraterritorial laws determine the guarantor as a joint relationship.They seek each other.The guarantor bears the guaranty responsibility and has certainty.It is sure that the guarantors will seek mutual compensation,which helps to balance the interests between the guarantors,prevent moral hazard,and maintain the harmony and unification of the guaranty law system.In the calculation of the internal share,it is more reasonable to share the proportion of the value;when the guarantor is also the holder of the material insured,the determination should be based on the size of the guarantee and the time of the establishment of the guarantee,and determine whether the application of “ one person is said” or “ The two said."...