Research On The Guarantor’s Right Of Recovery Of Loan Contract

Guaranteeing the realization of creditor ’s rights with credit is an urgent need for modern social and economic development.It is an extremely important legal system in civil and commercial law to ensure that the credit and property of people are used to increase the total amount of property and make the creditor rights safer and more secure.The guarantor’s right of recovery is an indispensable key link in the guarantee system.In this paper,through literature search,case analysis,comparative analysis and other methods,the legislative status of the guarantor’s right to recover and the judicial status of Baoding City’s trial cases are discussed in depth,and the issue of the guarantor’s right to recover is systematically studied in detail.China ’s current laws have provisions on the guarantor ’s right to recover from the debtor and other guarantors,but the guarantor ’s right to recover from other guarantors has not been clearly specified.This article analyzes the justification and necessity of the guarantor’s right of recovery and the issues that such disputes have summarized in judicial practice,and provides feasible methods for their recovery,with a view to gradually improving the guarantor’s right of recovery.Chapter 1: Introduce the concept of guarantor’s right of recovery and the current status of legislation.It defines its connotation,introduces the legislative status of the guarantor’s right of recovery in China and abroad,and the enlightenment of foreign legislation to China.Chapter 2: Through the analysis of the data and types of the disputes on the right of recovery of the courts in Baoding City,the key to the right of recovery of the guarantor is explained.Through the analysis of typical cases,the issue of the right of recovery of the guarantor is summarized.The focus of the dispute was extracted for typological analysis,and the determination of the recovery share and restrictions on exercise rights were studied.Chapter 3: Type analysis of the guarantor’s right of recovery.According to the focus issues summarized in the case of the guarantor’s right of recovery dispute,thethree types of analysis are combined with the case from the three aspects of the order of recovery,the court of jurisdiction,and the limitation of action.Chapter 4: Introduce the share of recovery.There are two different points of view: one is to allocate responsibilities equally based on the number of people;the other is to allocate responsibilities in proportion.Proportional sharing method is more reasonable,easier to understand,and makes the social effects of the referee more obvious,and is explained through a case model.Chapter 5: Point out where the exercise of the guarantor’s right to recover is restricted.The main problem is the coincidence of rights(guarantor’s right of recovery and creditor’s claim)and the coincidence of identity(guarantor also acts as the guarantor of the object).Finally,the author makes an appropriate summary.The issue of the guarantor’s right of recovery has long been an inevitable problem in trial practice and needs to be resolved and dealt with urgently.Future legal or judicial interpretations cannot avoid this,and precise and feasible regulations must be made.