Study On How To Deal With The Credit Of Guaranty In Bankrupt Procedures

Credit of guaranty in bankrupt procedure (CGB) is a special kind of asking-for-paid right appearing in the possession of bankruptcy that based on the legal relation of guaranty. Because CGB is linked closely to bankruptcy and guarantee, so we should consider them together when trying to understanding CGB, to make sure the range of related subject, the concrete meaning of'bankruptcy'of CGB, and so on. According to the different inner factors such as bankrupt, the number of bankrupt, meaning of study, etc. CGB can be divided into three basic types: debtor bankruptcy, guarantor bankruptcy, the debtor and guarantor bankrupting in the meantime. And under these three types there are eight kinds, too.CGB has double legal attributes itself, bankruptcy law attribute and guaranty law attribute. It is very important for us to define and obey the location relation between the double legal attributes correctly. For the reason of'the special law taking precedence over the general law principle', the relativity principle of the debt and the social attribute of CGB, we should think that bankruptcy law attribute is more important and more valued than guaranty law attribute. As a result, when study the solutions to the CGB, we should not only value the main creditor's benefits, but also value the other bankrupt creditors'benefits.Because every kind of CGB all have their own special legal characteristics and benefit relationships, we should pay more attention to these differences and try to design projects based on them. For the CGB of debtor bankruptcy, we should mainly study key problems such as the right of plea for preference claims, how to share the loss, etc. For the CGB of guarantor bankruptcy, we should pay main attention to some important questions such as the ability to declare bankrupt creditor's rights of CGB, how to safeguard the main creditor's rational economic benefits, and so on. While for the CGB of the debtor and guarantor bankrupting in the meantime, we should pay close attention to some key aspects such as how to coordinate the interests among the main creditor and other general bankrupt creditors, etc. What's more, the manner of how to deal with it when CGB meeting the real right for security will also be studied in this dissertation.