Research On The Inheritor’s Liability After The Guarantor’s Death

After the death of the citizen,in reality,the debt that the citizen needs to bear is not eliminated,and the creditor may get reasonable repayment from his legacy.If exist in the loan contract guarantee,the debtor not repay loan,so the creditors need to assure its guarantor proposed by the conclusion of the contract and the content of fulfilling its warranty obligations,but,if the guarantor death within the guarantee period,the guarantor of the loss of capacity for civil conduct,after the guarantor of the inheritance,whether to need to be done by his inherited property guarantee responsibility to satisfy,in our country law,the regulation is not clear and complete enough,now in the judicial case decisions are not unified standards.Therefore,it is necessary to study the suretyly liability of the successor after the death of the surety.In view of this problem,it is necessary to distinguish and define the suretyly liability from the time when it begins,so as to unify the specific judgment standard.This theoretical research process has practical application value.This paper adopts the method of literature research to sort out the legislative situation at home and abroad and the research results of scholars,to provide effective theoretical support for the research content,and to discuss the surety liability of the successor after the guarantor’s death.At the same time,the use of case analysis,integration of a series of related guarantor after death heir to undertake suretyship liability cases,from the court to judge the inheritance of the results and the present status of using inheritance to undertake suretyship liability,the paper analyze the optimal solution of this kind of case processing and method of induction in the inheritance of certain need to undertake suretyship liability within the scope of legal logic,perfecting the concrete countermeasures and Suggestions are put forward.This paper is divided into five parts: the first part is the introduction,introducing the research background and significance,sorting out the domestic and foreign guarantee responsibility and legislative status quo,and exploring related issues of guarantee responsibility.The second part is the overview of suretyship liability,mainly from the concept and characteristics of suretyship liability,the basic theory,the nature of the analysis,to establish the scope of suretyship liability and the way of undertaking;The third part is the current situation of suretyship liability undertaking after the death of the surety,and further explores the performance of suretyship liability in terms of the term of suretyship liability after the death of the surety,and how to determine the person to be liable.The fourth part is the analysis of the problems existing in the assumption of the suretyship liability of the successor,discussing from the content of whether the suretyship liability can be inherited,the situation that the successor needs to assume the liability and the right of recourse after the successor performs the suretyship obligation.The fifth part is to improve the surety’s successor after the death of the relevant countermeasures and Suggestions,mainly from the conclusion of the process of clear responsibility,improve the relevant laws and regulations of surety liability to demonstrate,correctly understand the surety’s legal liability after death.