Research On Legal Issues During The Guarantee Period

Guarantee system and we are very close to the actual life is mainly used in daily social interpersonal transactions loan guarantee system,is the important system in the security law,in the capital,commodity trading activities such as play an important role.Based on the property guarantee,"security law" in order to make the guarantor and personal needs of lenders get balance,the provisions of the guarantee time period,since the law promulgated and effective,however,the provisions of the laws in the industry to guarantee the time limit of discussion,even there is a big controversy.In the practice of the party to issue debt(creditors)and guarantees borrowers(the guarantor)signed a contract for a period of the contract and about the legislation of our country's laws and regulations are not consistent,prescribed are not clear or ambiguity,resulting in the dispute.Due to the provisions of the laws to guarantee aspect is not sound,there is not carried out in accordance with the relevant laws and regulations to creditor,outside of the guarantor/issuer has demand,let it unconditionally guarantee during the various regulations and responsibility.There is also a situation,it makes the guarantee system of guarantee period of time,difficult to achieve the purpose of the effect on the guarantee system of the period of guarantee is not positive,also hindered the further development of the system.The rapid development of social economy,civil society groups organize a borrowing and buying and selling transactions in third-party guarantee behavior gradually increased,highlighting the importance of guarantee system,at present,the academia to guarantee period discussed mostly based on the existing laws and regulations,which are often bound by the law,not comprehensive and deep discussion opinions.Basing on the practice,this article from the warranty available properties,guarantee time limit for a set period of time the count of guarantee period of analysis,this paper,we pointed out in the law in respect of the provisions of the guarantee time period have larger hole,put forward the corresponding Suggestions and countermeasures,in order to guarantee the system to be able to play the biggest role in the guarantee time period.