Research On The Implementation Rules Of Mixed Joint Guarantee

Mixed joint guarantee is a special form of guarantee,which is more flexible and different from joint guarantee.The division and determination of guaranty liability of each guarantor is a difficult problem in judicial practice in the case of joint guaranty of personal insurance and property insurance.In order to clarify the mode of liability undertaking,this paper makes a brief comment on several different legislative modes and the current legislative situation in China.Article 176 of the Property Law also applies to the coexistence of various forms of security:the legal issues between the co-guarantors have priority;in the absence of agreement,the debtor has priority over the third party in providing the property protection.The security right is realized;if the security right is provided by a third party,the guarantor responsible for the security shall not recover from the other guarantors,and the creditor’s waiver of part of the security right has nothing to do with the other guarantors.Article 12 of the "Guarantee Law"in the system of joint guaranty without agreement between the parties presumes that the guarantor’s internal joint and several relations,affirmative recourse and other legal rules which conflict with the legislative spirit of Article 176 of the "Property Law" can no longer be applied.Mixed joint guarantee is the guarantee of collateral and guarantee.There are disputes on the order of repayment between the guarantor and the guarantor in rem,conflicts of laws and regulations in legislation,and differences in judicial practice.It is of great significance to clarify the debt repayment sequence for solving a series of problems of mixed joint guarantee.Based on the establishment of mixed co-guarantee as the value basis,this paper extends the order rules to achieve mixed co-guarantee,and guides the design of the rules,so that the distribution of responsibility to achieve a balanced state.Under the circumstance of distinguishing joint and several liability from general guarantee,it provides a logical starting point for the arrangement of debt repayment order and the design of claim system.