Research On The Guarantor’s Liability Of "Borrowing New And Returning Old"

"Borrowing the new and repaying the old" refers to the behavior of the borrower taking a loan from a commercial bank to repay the previously owed loan,that is,the creditor and the debtor sign a loan contract again when the old loan has not been repaid,and the new loan is used to pay off the part Or the behavior of all old loans.In the practice of commercial banking,loans are one of its main businesses and one of its main sources of income.For borrowers,through "borrowing new and repaying the old" not only can re-loan alleviate short-term funding pressure,but also make the use of funds more flexible.However,the current law does not clarify "borrowing the new to repay the old" in a legal form,and with the rapid development of the loan business,the behavior of "borrowing the new to repay the old" has occurred in large numbers.As a result,there are big differences in the judicial practice regarding the nature of "borrowing the new to return the old" and the determination of the guarantor’s liability.Through the relevant research on the guarantee responsibility of "borrowing the new to return the old",the disagreements arising from the determination of "borrowing the new to return the old" in judicial practice are discussed.Starting from the basic theory of "borrowing the new for the old",combing the legal application form and development status of "borrowing the new for the old".Through further analysis of existing judicial practice cases and different legal interpretations of related issues,the guarantor’s responsibilities involved in "borrowing the new and repaying the old" are clarified.Combining the relevant laws of the "Civil Code" and the "Interpretation of the Civil Code on the Guarantee System" to discuss the validity of the new contract under "borrowing the new and repaying the old" and the guarantor’s liability,and expounding the issue of the "borrowing the new and repaying the old" under the new law."How to apply the situation,how to solve the problem of the guarantor’s order and the problem of the competing existence of security real rights and lease rights,in order to make a strong contribution to my country’s market economy."...