The Study Of The Right Of Internal Recovery In Mixed Joint Guarantee

In the context of rapid growth of the market economy,the requirements for ensuring transaction security will continue to increase with the times.In order to ensure the security of financial and commodity circulation and that their claims can be recovered smoothly when the settlement period expires,creditors often require the main debtor or a third party to provide guarantees for the main debtor to achieve the above purposes.Especially when bank loan transactions are involved,the bank will not only ask the main debtor or a third party to provide guarantees for the main debt,but also require a personal guarantee pledged by a third-party,thus forming a situation where multiple guarantees coexist on the same claim.However,in the process of civil legislation in just over 30 years,our country has a completely different legislative model for the coexistence of human guarantee and material guarantee,which intrigued the author of this dissertation.This article has extensively collected relevant literature on the evolution of relevant regulations of Chinese Guarantee Law,Guarantee Law Interpretation,Property Law,The 9th Minutes Of The National Court Of Civil And Commercial Trial Work,Civil Code(to be implemented),the coexistence of guarantees of persons and guarantees of things,and other documents,and gradually constructed through analysis,summarization,and sorting.The content is divided into four chapters,namely:Chapter 1 The concept and characteristics of mixed joint guarantee and the legal relationship between the parties;Chapter 2 The legislative model and review of mixed joint guarantee liability;Chapter 3 The determination standard of the internal recourse rights and liability share of the mixed joint guarantee;Chapter 4 Problems and Suggestions of Mixed Joint Guarantee.This article starts with the concept and characteristics of mixed joint guarantee and the legal relationship between parties,then elaborates on the legislative changes,the right of internal recovery and the share to be shared.This article analyzes the opinions of our country’s current doctrine,and compares it with the legal norms of Taiwan,Japan,Germany,etc.from the perspective of comparative law.Finally,this article summarizes,analyzes,and organizes,proposes the connotation of mixed joint guarantee in the same creditor’s right,and analyzes the contradictions,deficiencies,and omissions in related legislation,and then puts forward relevant suggestions in the hope that the right of recovery and the right of subrogation for mixed joint guarantees could be stipulated when the Chinese Judicial interpretation of The Civil Code would be issued in the future.