On The Internal Recourse Right Of The Guarantor In The Mixed Joint Guarantee

Reform and opening up have brought a huge turning point to China’s economy.Along with the great economic growth,a large number of private enterprises have been born,which has brought huge opportunities for the development of the country.But at the same time,these enterprises must continue to develop in the big market.Stand out from the competition.At this time,loan financing is an important way for companies to grow steadily.It is a top priority for enterprises to make secure loans.One important way to ensure the security of borrowing transactions is to set up guarantees for creditor’s rights.At present,the tide of the market economy has gradually led China to leave the society of acquaintances,and the trust among members of society has been declining.The security of creditor’s rights has become an important factor for creditors to consider.In order to improve the security of creditor’s rights,it has become normal for civil subjects to request certain guarantees from debtors.For the security of its own claims,it may even be possible to ask the debtor to establish multiple guarantees for the same claim.At this time,it is of great significance to mix and guarantee the claims.In a mixed joint guarantee relationship,there are multiple civil subjects,both a person’s guarantee and a material guarantee.The guarantor who has undertaken the corresponding guarantee liability has the right to recover from the debtor,and there is no dispute in theory or practice.However,the legislative ambiguity is whether the guarantors in the hybrid joint guarantee have the right to recover,how the recovery share is determined,and whether there is a recovery order.There is also a great deal of controversy on this issue in academia.In China’s judicial practice,the issue of the internal recovery right of the guarantor in mixed joint guarantee is also common.Therefore,this issue has aroused the common concern of the practical and theoretical communities.The first chapter of this article is the introduction of the article.It is determined that the issue of the internal recovery right of the guarantor in the mixed jointguarantee is the focus of controversy.This issue has different views in China’s practice and theoretical circles.Realistic significance.In the second chapter of this article,in order to lay the foundation for the discussion of the internal recovery right of the guarantor in the hybrid joint guarantee,the concept and characteristics of the hybrid joint guarantee and the recovery rights among the guarantors in the hybrid joint guarantee are analyzed.The situation where the PICC and the third party provide co-existence of material security and the parties have not agreed on the settlement rules.The third chapter of this paper analyzes the legislation and judicial status of the internal co-guarantor’s internal recovery rights,and recognizes that in China’s related laws and regulations regarding the internal co-guarantor’s internal recovery,the legislative confusion is more likely to cause misunderstandings and cause more The main reason for many different judgments in the same case is that due to the shortcomings of the existing law,the legal provisions followed in judicial practice are different,and the understanding of the legal provisions is inconsistent.Therefore,it is proposed whether the guarantor who has undertaken the guarantee liability can recover from other guarantors,how to share the guarantee liability if recovery can be performed,and whether there is a restriction on the order of recovery.The fourth chapter of this article introduces the different viewpoints of the Chinese academic community on the issue of internal co-guarantees and the related legal conditions in Germany,Japan,and Taiwan.By referring to foreign laws and regulations in Taiwan,we recognize that China The problem of internal recovery of guarantors in mixed joint guarantees is indeed insufficient in legislation and cannot meet the needs of practice.The recovery rights among guarantors,the guaranty liability shared among guarantors,and whether there is a recovery order should be clarified.The fifth chapter demonstrates the importance of the existence of the right of recovery within the guarantor and the theoretical basis of its existence in the mixed joint guarantee.It has the right of recovery under both the guarantee relationship and the joint relationship.In this chapter,the sixth chapter proposes the relevant provisions on the share of recovery and the order between the guarantors of the mixed joint guarantee.Each guarantor assumes the guarantee liability in proportion to the amount of the guarantee promised,and assumes the guarantee of the guarantee liability.There is no sequential order for people to recover from other guarantors or debtors who have not assumed the guarantee responsibility.By making suggestions on this issue,the settlement of the practice of the right of recovery among the mixed co-guarantors in the mixed co-guarantors may be somewhat facilitated.