Study On The Effectiveness Of Company's External Guarantee

The company's external guarantee refers to the guarantee behavior that the company acts as a guarantor for others.With the development of market economy and the growth of creditor's rights market,the company's external guarantee plays an active role in guaranteeing the realization of creditor's rights.At the same time,due to the irregularity of the process,the guarantee chaos occurs frequently,and the company's external guarantee disputes blowout up.Due to the different understanding of the application of law in such cases among the courts,the phenomenon of different judgments in the same case appears in judicial decisions.In view of the above problems,it is necessary to study the effectiveness of the company's external guarantee,find out the reasonable scheme to determine the effectiveness of the company's external guarantee,and analyze the effectiveness of each specific situation.This paper mainly adopts literature research methods,comparative law research methods and positivism research methods.Chapter 1 is the introduction,including the research background and sense,research status and comments,as well as research content and means.Chapter 2 is the general theory of corporate external guarantee,which is the start of this article.This chapter mainly introduces the definition and classification of the company's external guarantee,as well as its value and risk.The aim is to clarify the basic concepts of the company's external guarantee and the attributes of its double-edged sword.The third Chapter based on the extraterritorial legal provisions,investigates the legal regulations on the effectiveness of corporate guarantee in common law system and civil law system countries or regions,and provides reasonable experience for our regulation.Chapter 4 turns the perspective back to China.There are different opinions on the effectiveness of corporate external guarantee and the nature of the influencing factors in the theoretical circles.In practice,the legal consequences of corporate external guarantee are not clear,which leads to the current situation that the judicial determination path and standard are not uniform.Chapter 5,based on the research of Chapter 4,from the correct interpretation of Article 16 of the Company Law and the dual dimension of the company's external guarantee process,points out that there are shortcomings in the way of cognizance with Article 16 of the Company Law as the core.In view of that,the legal representative's behavior path is more reasonable,and the company's external guarantee effectiveness should be determined in accordance with Article 50 of the Contract Law.Finally,in accordance with this idea and the provisions of Interpretation 4 of the Company Law,the validity of the company's external guarantee contract and resolution are determined according to the specific circumstances.