Research On Mixed Joint Guarantee System

In practice,creditors can achieve a successful realization of their own claims,often seeking multiple guarantees,including debtors or third parties to provide property insurance and guarantees.This way of guaranteeing a nd guaranteeing the same creditor ' s rights is called academically.Mixed joint guarantee.The relevant norms of China's mixed mutual guarantee syste m are respectively stipulated in the three laws or judicial interpretations of the "Guarantee Law","Judicial Interpretation of the Guarantee Law" and "Property Law".Since they are formulated in different ages,the academic circles and The practical circles have been controversial on some issues.The above three laws or judicial interpretations have different areas of conflict and conflict with the provisions of the mixed guarantee syste m.This has caused difficulties in applying the law when the judges decide the case.Different courts are targeting this type of Different cases were applied to the case and different jud gme nts were made.The mi xed joint guarantee system consists of the creditor's option,the guarantor's subrogation right to the debtor and other guarantors,and the guarantor's exemption from the guarantor's waiver of the guarantee.There is no dispute over the issue of the guarantor's recovery from the debtor,whether it is the current provisions of our law,or both theory and practice.Therefore,in order to clarify the entire syste m of the mi xed guarantee syste m,this paper discusses from the other three major controversial issues,in order to propose a more coordinated mixed guarantee system.First,when the creditor realizes the security right,the creditor has the right to choose,tha t i s,whether there is a problem with the realization of the property insurance and the guarantee.This is the logical starting point for the design of the entire hybrid co-guarantee system.Second,after a guarantor assumes the guarantee responsibility,whe ther it obtains the right o f subrogation and obtains the status of the creditor.Whether it has the right to recover from other guarantors,that is,whether there is an internal recovery right between the guarantors.If the guarantor has the right to recover from other guarantors,then there is no limit on the recovery order and how the recovery amount is determined.After the general calculation rules are determined,the calculation rules for several special cases are also discussed.Such as when there are multiple guarantors and multiple guarantors;the situation where the guarantor and the guarantor overlap.Third,when the creditor waives one of the guarantees,the impact on the scope of the other guarantor's liability,whether the o ther guarantor can b e exempted,how to determine,the scope of the exemption is determined.In the mi xed joint guarantee,multiple levels of legal relationships are involved.It includes the creditor relationship between the creditor and the debtor;the guarantee contractual relationship between the creditor and each guarantor;the relationship between the debtor and each guarantor varies with the basic relationship.In addition,whether there is a certain legal relationship between the guarantors is the key point and the basis for solving the problem.Altho ugh there is no direct legal relationship on the surface,after the legal transfer of the creditor's rights,the guarantor obtains the creditor's status after the liquidation,and obtains its creditor's right and its securi ty right,thus obtaining the right of recovery.This provides theoretical support for the design of the entire system.Finally,this paper aims to propose a set of systems with a more logical and operability of the hybrid joint guarantee system.