Study On Mutual Recovery Between Guarantors In Mixed Guarantee

With the rapid development of society,economic transactions are more and more frequent.It is quite common that creditor’s rights and debt relationships occur between individuals and enterprises,between enterprises and individuals,and between enterprises.For example,private lending and commercial financing.In these economic activities,the guarantee relationship has become more and more frequent.Its existence is to protect creditor’s rights,promote transactions and stimulate economic development.What happens to each of us is to buy a house.In this sales contract,most people will choose to buy a house with a loan.The buyer will borrow money from the bank.The commercial house purchased will be used as collateral and the developer as guarantor.In this very simple transaction,there is a mixed common guarantee,that is,the guarantee provided by both the debtor and the guarantor。If the debtor is unable to repay the debt,how to realize the creditor’s right,and what is the order,method and share of realization.The previous legal provisions have no clear expression on the issue of recourse between guarantors,and the civil code,which came into force on January 1,2021,has no clear provisions on this,but it gives a response in the guarantee interpretation of the civil code.But it only affirms the right of recourse between guarantors,and there is no clear provision in the specific implementation rules.The lag of legislation will inevitably lead to this result,but the development of society has gradually put forward requirements for the specific implementation rules of the right of recourse,which has become an unavoidable problem in legislation,justice and law enforcement.This paper expounds the evolution of mixed joint guarantee legislation,compares the differences before and after,to improve the current legislative rules and regulations,and provide operability for judicial practice,hoping to provide some reference for future legislative activities.