Research On The Undertaking Of Suretyship Liability Under The Impersonation Guarantee Behavior

Surety,as the most common and simple way of guaranteeing private loans,is favored by the majority of creditors because it guarantees the realization of creditor’s rights to the maximum extent.But with the development of economy,many new problems and contradictions have also occurred.In the case of joint guarantee,a part of the guarantors’ signature signed by others,In the judicial practice for the case of the guarantor’s obligation is controversial,lead to diverse verdicts,to a certain extent,undermine the authority of the judiciary.This paper mainly through the comparative analysis of domestic and foreign literature,the empirical analysis of domestic actual cases of different referees and other research methods of theoretical research.The author analyzes the validity and legal attribution of the impersonation guarantee,the validity and external liability of the guarantee contract between the non-defective guarantor and the creditor,the influence of the falsehood on the non-defective guarantor’s right of recourse,the creditor’s obligation of prudent review and the source of the obligation,it is considered that the validity and legal attribution of the behavior of impersonate guaranty should be reference to the agency system.When the aggrieved party of imposture does not recognise and does not constitute to ostensible agency,the guaranty contract tends to be invalid,and the creditor can claim compensation liability from the False behavior.However,the guaranty contract signed by the falsehood does not affect the validity of other guaranty contracts in the joint and several guaranty.Other guarantors should still bear the joint liability for satisfaction according to the contract.When the right of a non-defective guarantor to recover from an impersonated guarantor is impeded,their reliance interest is damaged.The creditors should shoulder the responsibility of review obligations based on the principle of good faith,so that the non-defective guarantee can claim the compensation to the creditor.As for the right relief,Considering the creditor’s breach of contract,the efficiency and convenience of litigation,the author argues that the non-defective guarantor can claim mitigating the responsibility accordingly in direct,while the surety should undertake suretyship liability.As for the amount of reduction,is the portion of the impersonate guarantee share that cannot be cleared when exercising the internal recourse.This paper studied the undertaking of guaranty liability under impersonate guarantee systemically,Comparing the results of judicial practice in dealing with the aforementioned problems,we can find the common root of problems and common solutions,appealed to the theoretical circles to respond to the relevant issues of joint guarantee under the circumstances of impersonate guarantee,and give corresponding Legislative regulation,to achieve a unified standard of adjudication,and actively play the role of judgment documents in guiding function of citizens’ behavior,safeguard judicial authority,and enhance the judicial standard.