Research On The Legal Effect Of The Company's External Guarantees

Company guaranty effectiveness problem has always been a matter of controversy judiciary and practice field.Company guaranty of the reason is that as the only provisions of the company law after 16 and its judicial interpretation does not make clear a regulation violations external guarantees the effectiveness of the contract.This requires the judge in the judicial practice of the company law article 16 to explain,but the interpretation in the process of it would judge with significant personal,plus external guarantees the effectiveness of the contract that influence factors is more?there are many "connection with different sentence" judicial precedent,therefore,the company law article 16 in academia and practice has been to ridicule.Which adopted the real practice in legislation in our country,no provisions in violation of this law,the legal responsibility one chapter is not to be clear,this is for which the judicial application of the interpretation of the left a large space.Just now see the courts at all levels of the case,the rules and there is no guarantee for the company dealing with much certainty of dispute instead creates a new interpretation and the referee is different,affected the people's trust for the law.The current issues focus on the following: first,the company law article 16 what is the specification of the nature,is he arbitrary rules,or mandatory? Is the mandatory provisions or ineffective administrative mandatory rules? The effectiveness of the company in violation of the provisions of this foreign guarantee how to maintain? Second,hypothec person before accepting guarantee is obligated to review the guarantor of the specified in the articles of association and the articles of the company guarantee decision-making body of the resolutions?The company's articles of association has confrontation the effectiveness of the third person? The guarantor the legal representative of the company in violation of the provisions in the name of the company when the foreign guarantee contract,how to determine whether security right person know beyond,Third,the company's articles of association of the company guarantees for records,the company has the ability of guaranty?In view of this,the author through the body of the five chapters to a detailed discussion on the judicial practice and theoretical circle in the existence of guaranty company disputes and put forward in this paper,the authors own opinion.