On The Legal Liability Of The Guarantor Of An Invalid Guarantee Contract

When the security contract is invalid,the guarantor shall assume fault liability.The reason that accounts for the invalidity of the guarantee contract does not affect the nature of the legal liability and the scope of compensation.In judicial practice,the judge determines the amount of direct and indirect losses based on the facts and discretion of the case.In addition to introduction and conclusion,the paper is divided into three chapters.In Chapter One,the research question is raised.Through the summarization and evaluation of the legal norms,the scholars' consolidation of the current normative controversy and the summary of the court's judgment position,the paper targets to solve three questions,including the value orientation of the legal norms and the nature of the legal liability of the guarantor when the guarantee contract is invalid,the guarantor's fault identification criteria,and the guarantor's compensation scope for the legal liability when the guarantee contract is invalid.The second part analyzed the legal basis of guarantor of invalid contract to bear legal liability from the aspects of value orientation,definition of legal nature and fault affirmation.Legal norms of guarantors bearing legal liability should tend to protect rights and interests of creditors.When the guaranteed contract is invalid,the nature of the guarantor bearing legal liability is liability for contracting fault and it is consistent with law constitution of liability for contracting fault.Fault affirmation of guarantor has different standards due to different reasons of the guaranteed invalid contract.Under the condition that the contract is invalid due to its own reasons,the fault of the guarantor is that the party involved violates the contract when he knows or should know the prohibitive regulations;under the condition that the guaranteed is invalid due to invalidity of the master contract,the fault of the guarantor is that he does not inform the creditor when he knows or should know the fact.The third part talked about rule reconstruction of guarantor of invalid contract bearing legal liability.Compensation scope of the guarantor bearing legal liability is the reliance loss of the creditor that the debtor could not pay off,including direct and indirect losses,within the limit of performance interest.