Study On Reclaim Right In Mixed Co-guaranty

With the continuous development of market economy,mixed co-guaranty has become an important form of guarantee.But many problems about this form arise.There are different rules in current laws and regulations about this problem.And in judicial practice,differences in legislation and theories makes it has different judgments.Moreover,if the guarantors can recourse to other guarantors and how to recover after he assumes the responsibility,scholars have different views.This paper is divided into four parts to discuss these problems.The first part manly introduces the current situation and reasons of the problem,and then presents the focus.The second part is the analysis of overall responsibility of the guarantors.This is the precondition to discuss whether the guarantors can recourse to other guarantors.Then next part will analyze the theoretical foundation on the level of guarantee relationship and joint relationship.The final part mainly put forward the proposal about the rules of how to recover after guarantors assume the responsibility,including the legislation of subrogation and rules of recovery.