Study Of Counter-guarantee Of Legal System Inchina

China’s economic development increases the demand for financing, so that guarantees are widely used, but the disadvantage guarantee and unbalanced social development has led to many problems. Unwilling to guarantee and tripartite debt often arise,Especially since the information inequality, lack of credit, inadequate legislation,existing laws can not deal with reality,leading to a counterguarantee can not demonstrate its advantages,so we should adapt to the situation of social development,improve the counter-guarantee system is very urgent.Counter-guarantee is also known as secured claims,It means that when a third party to provide security for the creditor when the debtor to provide security in order to guarantee a third person to realize his right of recourse to a third party. It means that when a third party to provide security for the creditor when the debtor to provide security in order to guarantee a third person to realize his right of recourse to a third party. It differs from the principal debt guarantee, re-guarantee, supplementary guarantees. Counter-guarantee and guarantee not only have the same value, but also Counter-guarantee has a special significance. It can promote the establishment of security, and is a relief measure.Many countries have provisions on security,Learn about some of the country’s legal system guarantees. American System standby letter of credit is a counterguarantee of origin, it is important in international trade. Awareness and use of standby letters of credit is in favor of the company to improve the efficiency and positive participation in international competition. Swiss law guaranteed debt claims, British enrich scarecrow, French comfort letters,Germany Maximum Mortgage, there are reference value in practice.The perfect counter-guarantee should improve the security system. Because the lack of legislation, the problem is the scope of counter-guarantee, counterguarantee period of responsibility the way defenses counter-guarantor of a counterguarantee and counter-guarantee registration difficulties. Counter-guarantor including the main debtor and a third person, and counter-guarantee may be a third person’s guarantee, mortgage and pledge,or the debtor’s mortgage and pledge, lien and counter-guarantee is not applicable deposit. Counter-guarantor of the right of defense should include the right of defense and counter-guarantor-specific defenses of the principal debtor. Counter-guarantee period of responsibility should otherwise specified, Re-registration of the difficulties identified counter-guarantee. The actual value of the first legislation can give full play to counter-guarantee regime.