The Sharing Of Liability And Indemnity In Mixed Co-guarantee

With economic development, promoted further prosperity of China’s capital market.The requirements of Financing forcing guarantee rules also continue to develop and improve.This thesis describes the problem of the sharing ability and indemnity in mixed co-guarantee from four parts.The first part introduces the concept and characteristics of mixed co-guarantee,which defines the scope of this thesis’ s theme. Meanwhile, introducing the history of the evolution of the mixed co-guarantee in China laws.The second part describes the establishment conditions of the mixed co-guarantee and the implementation when guarantee and security on property coexistence.The third part introduces the sharing liability in mixed co-guarantee,the thesis firstly carding whether there is possibility on sharing liability on academia,then it turns out that there is this kind of possibility.Secondly the thesis describes the influence of four kinds forms.The forth part introduces the right of indemnity of mixed co-guarantee.Because there is a distinction between the right of indemnity and subrogation.This thesis sorts out the existing three different theories,and comparing the two subjects,in order to turn out the conclusion that the right of indemnity and subrogation are different.And then describing the concrete meaning in the mixed co-guarantee.At last,this thesis describes the scope and calculation methods of the right of indemnity.This thesis studies on the mixed co-guarantee from four parts,which comes to a conclusion that the guarantor and guarantor on property have the right of indemnity after they fulfill the responsibly,which just includes the extra debts that does not belongs to them.