On The Perfection Of Relative Person's Review Obligation System In The External Guarantee Of A Company

In fact,the system of the company's obligation to review the foreign guarantor is based on the provisions of the law,which specifies the scope of the relative as a bona fide counterpart "should know" to regulate and guarantee the counterpart to fulfill the obligation to review.Article 16 of the Company Law of China is the direct legal source of the company's obligation to examine the counterpart of external guaranty.However,there is no clear system of the counterpart's obligation to examine in the relevant legislation of our country.Therefore,it is necessary to clarify this system.By comparing the special features of the company's external guarantee relationship with the general civil legal relationship,this paper analyses the risks that the counterpart undertakes in the guarantee relationship,that is,when the guarantee contract has defects in effectiveness and resorts to public relief,because the guarantee subject has the possibility of evading liability,if the guarantee contract is invalid,revocable or the effect is undetermined,for the guarantor,based on it.The anticipated possibility of canceling or refusing of ratification,so that it does not have to bear the liability of substitution debt;but for the counterpart,it is necessary to bear an increased risk burden-due to the failure of the debtor to perform and the unnecessary performance of the guarantor.According to the current situation of judicial remedy to the counterpart in our country's law,on the basis of legal analysis of Article 16 of the Company Law,this paper clarifies the institutional norms of the review obligation of the counterpart,and puts forward the shortcomings of the system.In addition,on the basis of comparative analysis of the legislative cases of the review obligation system of foreign counterparts,drawing lessons from the Enlightenment of foreign rules on the review obligation system of our counterparts,this paper puts forward some suggestions on the improvement of the review obligation system of our counterparts of foreign guarantees.This paper is divided into four parts.Chapter ?: An overview of the review obligation of the counterpart of the company's external guarantee,mainly introducing the concept of the company's external guarantee,the legal subject of the guarantee and the legal relationship between the subjects,making it clear that this paper mainly studies the legal relationship of the company's external guarantee,and on the basis of analyzing the special features of the external guarantee relationship compared with the general civil legal relationship.This paper summarizes the concept of the review obligation of the company's external guarantor and the concept of the review obligation system of the company's external guarantor,and summarizes the relevant legal provisions of the review obligation system in China at present.Chapter ?: The current situation and deficiencies of the company's review obligation system for foreign guarantors.In view of the fact that our country's legislation does not clearly regulate the system of review obligation of the counterpart of the company's external guaranty,on the basis of the analysis of the risks undertaken by the counterpart and the current situation of legal remedy for the counterpart,this paper clarifies the subject and mode of review in the system of review obligation of the counterpart of the company's external guaranty.Whether we have fulfilled the standards,procedures,objects,results of the review,and legal remedies when we have not fulfilled the obligation of review,we summarize the deficiencies of our current system.Chapter ?: The current situation and shortcomings of the company's obligation to review the counterpart of external guaranty.In view of the fact that China's legislation does not clearly regulate the system of the review obligation of the counterpart of the company's external guaranty,on the basis of the analysis of the risks undertaken by the counterpart and the current situation of the legal remedy for the counterpart,this paper clarifies the criteria,procedures and procedures of the review obligation system of the counterpart of the company's external guaranty concerning the subject of the review,the way of review,whether it has fulfilled the review Based on the object of review,the result of review and the legal remedy when the obligation of review is not fulfilled,combined with the disputes existing in the current system,the shortcomings of the current system in China are summarized.Chapter ?: Suggestions on perfecting the system of review obligation of foreign guarantor in our country.Based on the analysis of the deficiencies of the review obligation system of the foreign guarantor in our country,combined with the reference significance of foreign legislation on the review obligation of the foreign guarantor in our country,this paper puts forward some suggestions to improve the review obligation system of the foreign guarantor in our country,and combines with the "Supreme Court: Nine People's Congress Discipline" Explain it in the draft for comments in 2019.