Study On The Legal Problems Of The Warranty Period

The period of guarantee is an important system in the chinese legislation, its application has an important impact on the lending business creditors, especially for the core business of banks-the business of loan has an important significance. However, due to the conflict of legislation and judicial practice is uniform, the applicable of guarantee period is usually in doubt. This paper start with defining the concept and nature of the period of guarantee, emphases the application of the period of guarantee. In aim to do some help with the business of loan of banks.This paper first through analysing of the theories of the concept of the period of guarantee, thinks that the period of guarantee refers to the according to the parties to the contract or legal provisions, creditors of the debtor filed a lawsuit or arbitration (general guarantee) to the guarantor of any claim or (joint guarantee) to exercise the option term; Second, this article through the analysis of several theories of the nature of the period of guarantee, think the period of guarantee is scheduled during, and for "security law" in the second paragraph of article25of our country puts forward amendments; Third, in this paper, in perspective of bank loan business, systematically comb and analyses some problems in the guarantee period in the applicable:for example, clarify the relationship during the period of guarantee and the statute of limitations, how to calculate the guarantee period, how to apply guarantee period of the maximum guarantee,and so on..