Research On Internal Recovery Of Mixed Joint Guarantee

In the complex transaction life,mixed joint guarantee is a powerful way for creditors to reduce transaction risk and maximize the realization of creditor’s rights,which also leaves a controversial foreshadowing for the mutual recovery between mixed guarantors after assuming the security responsibility.This paper discusses from the perspective of empirical law whether one of the guarantors can seek recourse from other guarantors after assuming the guarantee liability in the mixed joint guarantee with different guarantors providing different guarantees.This paper sums up the focus of controversy from two typical cases,and demonstrates the appropriateness and rationality of recourse between the guarantors from different angles,and analyzes the reasons and values of the current legislation of our country that is more inclined to deny the internal recourse of the mixed joint guarantee and the recourse between the guarantors in combination with the current situation of our country’s empirical law.Then,based on the Civil Code of the People’s Republic of China and the Interpretation of the Latest Supreme Law of 2021 on the Application of the Civil Code of the People’s Republic of China on the Guarantee System,we will specifically analyze the recoverable and non-recoverable situations between the guarantors,as well as in the absence of the allowed recoverable situations,What path can the guarantor take to avoid this possible non-recourse risk in the future,so as to maximize the protection of its own rights and interests.At the same time,the legal effect of each path available for the guarantor is evaluated,and the path choice of the guarantor in the future is clarified.