Research On The Inheritance Of The Guaranteed Debt

The paper uses the method of forensic hermeneutics and statistical analysis to discuss the inheritance of the guaranteed debt after the death of the surety.Guarantee debt inheritance means that when the guarantor dies,the main debt has expired,the "contingent debt" in the guarantee contract has been transformed into a guarantee debt,and the heir inherits the guarantee debt under the principle of general inheritance of the estate.Guarantee debt inheritance has the specificity of inheritance time,the limitation of debt repayment,and the legality of repayment order.Guarantee debt inheritance is essentially the inheritance of inheritance debts.In the inheritance of guaranteed debts,the heir repays the guaranteed debts and exercises the guarantee rights in accordance with the rules of inheritance,instead of exercising rights and obligations in accordance with the rules of contractual rights and obligations.The main problems in the case of guarantee debt inheritance are that the requirements for guarantee debt inheritance are ambiguous and it is unclear whether the heir can recover the guarantee debt after paying off the guarantee debt.The vagueness of the requirements for the inheritance of guaranteed debts is reflected in the different determinations of the nature of the guarantees,the different judgments on the time when the guaranteed debts are generated,and the inconsistencies in the start of the guarantee period.The unclear right of recovery after the heir has paid off the guaranteed debt means that most of the judgments do not involve the issue of recovery,and a few judgments involving recovery have not been judged and justified.In order to solve the problem of guaranteeing the inheritance of debts,the requirements for guaranteeing the inheritance of debts and the problem of recovery after inheritance should be clearly defined.On the premise that the heir does not give up the inheritance,the following conditions should be clearly guaranteed for the inheritance of the debt: the content of the guarantee is property,the principal debt has expired when the guarantor dies,and the creditor actively exercises his rights during the guarantee period.The heir has the right to repay the debtor after paying off the guarantee debt;in the joint guarantee by shares and in the non-real joint and several joint guarantee,the guarantors have no right of recourse;in the real joint and several joint guarantee,the guarantors have the right of recourse.