Chinese | English  
 
   
Laws and regulations
 
 
Laws and regulations
Supreme Court to hear the case to ensure the economic contract disputes
Date:2011-11-25  Clicks:3364 Double-click automatically scroll, click Stop

根据《中华人民共和国民法通则》和《中华人民共和国经济合同法》的有关规定,结合审判实践经验,对审理经济合同纠纷案件有关保证问题作如下规定:
  一、保证合同成立的认定
1. Guarantor and the creditor to reach a written agreement to ensure that issues of law, ensure that the contract was established.
  
2. Guarantor to the creditor in writing that the debt if the guarantor fails to perform, perform on behalf of or by jointly and severally liable for the creditor to accept, and ensure that the contract was established.
  
3. Guarantor and the guarantor of the creditors signed there on the main contract of warranty, in order to guarantee the identity of the signature or seal; or main contract terms, although not guaranteed, but in the main contract to guarantee the identity of the guarantor's signature or seal , as a guarantee contract was established.
  
Second, the effective guarantor's responsibility to ensure that the contract
  
4 ensure that the contract established by law, the warrantee does not discharge the debt, the guarantor shall ensure that the contract scope, and duration of any guarantee responsibility.
  
5. Ensure that the contract expressly agreed to bear on behalf of the guarantor to meet its obligations, the creditors request the guarantor to perform the contract, the guarantor refuses to perform, the creditor may request the guarantor to perform. Can not perform the contract on behalf of the guarantor, and to enforce the guarantor's property are still insufficient to satisfy its debt by the guarantor liability.
  
6. Guarantor to ensure that the contract expressly agreed jointly and severally liable, when the guarantor does not fulfill the contract expires, the creditor can claim to the guarantor, the guarantor can claim directly.
  
7. Guarantor to ensure that contract is not agreed to bear responsibility for what kind of guarantee or agreement is not clear, as the guarantor liability. When the warrantee does not fulfill the contract, the creditor should first request warrantee debt. Enforce property warrantee still not enough to settle their debt by the guarantor liability.
  
8. Ensure that the scope of the contract have expressly agreed to the guarantee, the guarantor in the guarantee agreement within the scope of responsibility; to ensure there is no agreement to ensure that the scope of the contract or agreement is not clear on the scope of the guarantee, the guarantor shall undertake to guarantee the guarantor of all debt obligations.
  
9. Supervision to ensure that payments to creditors of earmarking, the person to give such assurance, supervision in the performance of the obligation to pay funds for the purpose, no longer bear the responsibility. Deficiencies of the monitoring obligations resulting in financial loss, loss of money should jointly and severally liable.
  
10. Agreed in the contract to ensure a guaranteed period of responsibility, the responsibility of the guarantor in the guarantee agreement within the time limit any guarantee responsibility. Responsibility in ensuring the creditor within the time limit does not claim rights to the guarantor, the guarantor is no longer any guarantee responsibility.
  
11. Ensure that the contract period of responsibility to ensure there is no agreement or the agreement is not clear, the guarantor shall be liable in the warrantee period any guarantee responsibility. Performance of the contract if the main sponsor after the expiration of a written request on the creditor to the guarantor's request for the proceedings, the guarantor and the creditor received a written request within one month after the claim has not exercised the right, the guarantor is no longer any guarantee responsibility.
  
12. Creditor and the guarantor without the guarantor agrees to change the master contract performance period, such as to ensure the contract is guaranteed period of responsibility, the responsibility to ensure that the guarantor is still the original period of any guarantee responsibility; as to ensure that the contract is not agreed to ensure that the period of responsibility, the guarantor is still responsibility of the original warrantee period any guarantee responsibility.
  
Creditor and the guarantor without the guarantor agrees to perform the contract within the time limit on the main changes to the contract leaving the warrantee other content increased debt, the guarantor of the debt does not undertake to guarantee the increased responsibility.
  
13. Responsibility in ensuring the creditor within the time limit, the creditor to another person, and notify the guarantor, the guarantor shall undertake to guarantee the assignee claims responsibility.
  
14. Warrantee obligations guaranteed by the creditors agreed period, the debt will be transferred to others, without the consent of the guarantor, the guarantor is no longer any guarantee responsibility, but the guarantor, unless ratified.
  
15. Responsibility in ensuring the creditor within the time limit, in particular, to fulfill a legitimate reason to refuse the guarantor of debt, the guarantor will not take responsibility for security spit; creditors to surrender their mortgage, the mortgage guarantor to give up the part is no longer any guarantee responsibility. However, the guarantor agrees to assume responsibility for thousand of card except

16. Accordance with the law or the parties agree, eliminating some or all of the debt of the guarantor, the guarantor guarantees the corresponding duty to be exempted from Aberdeen.
  
Third, to ensure that the contract null and void and the guarantor of the obligations identified

  
17. Corporate branches without legal consent for others to provide assurance to ensure that the contract is invalid, the guarantor assumes guarantee responsibility, but the fault should be based on its size, bear the corresponding liability. Branch management, corporate liability of the property is insufficient, by the legal person.
  
Branches of the financial sector to provide assurance, as he led in particular to ensure that the contract is invalid factors, the guarantor shall bear guarantee responsibility.
  
18. Corporation's internal functions without the legal consent for others to provide assurance to ensure that the contract is invalid, the guarantor assumes guarantee responsibility, but should be based on the fault size, by the corporation to bear the corresponding liability.
  
19. The main creditor of one or both parties to the contract by fraud, coercion, collusion, or malicious, the guarantor in case of violation of the true meaning of providing assurance to ensure that the contract is invalid, the guarantor is not liable.
  
20. The main contract is invalid, to ensure that contracts are null and void, the guarantor assumes guarantee responsibility. However, the main guarantor knows or should know to whom the contract is invalid and still provide a guarantee of the main contract is confirmed invalid, the guarantor and the guarantor joint and several liability.
  
Fourth, in the proceedings for the parties to provide assurance
  
2l. People's Court in the case proceedings, the decision to take protective measures on the property, the guarantor for the applicant or provide a guarantee, in the case to the end, if the guarantor is no property available for execution or when the property is insufficient to repay the debts , the court ruled that the implementation of the guarantor can guarantee within the scope of its property.
  
22. In the case of the implementation process, provide a guarantee for the debtor, the debtor overdue no property available for execution or its property is insufficient to repay the debts, the court ruled that the implementation of the guarantor can guarantee within the scope of its property.
  
Fifth, the responsibility of the guarantor guarantor bankruptcy
  
23. Guarantor is declared bankrupt, after the repayment of creditors to participate in bankruptcy proceedings, lack of repayment of part of the guarantor should undertake to guarantee responsibility.
  
24. People's Court has heard the end of the guaranteed contract disputes in the implementation before the end of the guarantor is declared bankrupt, the creditor may effect the amount of the claim of legal instruments to confirm the report as a bankruptcy creditor's rights; debt has been partially repaid, to some outstanding As a Claims. Is not paid for by part of bankruptcy proceedings to ensure that people should take to ensure that responsibility.
  
25. Guarantor on behalf of the guarantor to repay the debt, the Department has not received compensation from the warrantee warrantee that is declared bankrupt, the guarantor may discharge on behalf of the amount of their claims as to declare bankruptcy.
  
26. Guarantor is declared bankrupt, the creditor does not file claims, and in identifying the responsibilities of the guarantor, the creditor shall be deducted can be liquidated in bankruptcy proceedings in the part.
  
Sixth, to ensure that the contract statute of limitations
  
27. Responsibility to ensure a guaranteed contract period, the creditor shall before the expiry of the guarantee liability claim the rights to the guarantor. Refused to take responsibility to ensure that the guarantor, the creditor to the people's court for protection of their rights statute of limitations period applicable to the relevant Civil Code provisions of the statute of limitations.
  
28. Responsibility to ensure a guaranteed contract period, but the responsibility to ensure that period, the creditors claim the rights to the guarantor without the guarantor's rights advocates, the main debt limitation interruption, to ensure uninterrupted debt statute of limitations.
  
29. Responsibility to ensure that the contract guarantee period is not agreed upon, the main limitation of debt interruption, to ensure debt statute of limitations is also interrupted.
  
30. Accordance with the "General Principles of Civil Law" first provisions of Article 139, the main limitation suspension of debt, guarantee debt statute of limitations while suspended.
  
Seven other
  
3l. Guaranteed issue before the Court on the judicial interpretation inconsistent with the provisions, subject to the provisions, but the case has been concluded, the provisions shall not apply to the retrial.

Sources:  Author:佚名 
【Size:big normal small】【Print】【Close
Previous:Ministry of Finance, Minis...  (2011-11-25)
Next:Judicial interpretation of...  (2011-11-25)

Address:Tongda Road Linyi City, Shandong Province, No. 4    TEL:86-539-8290709 

Copyright © 2011 East Highway and Bridge Construction Corporation of Shandong  Power:cnnn.net.cn  

 
澳门赌场欧洲老虎机全讯网博狗娱乐娱乐城全讯网现金网娱乐城澳门赌场娱乐城现金网欧洲老虎机网上百家乐赌球网现金网澳门现金网赌博网澳门赌场赌球网赌博网站赌博网赌球网澳门真人赌场博彩公司娱乐城现金网全讯网太阳城娱乐城澳门赌场澳门赌场玩法澳门真人赌场澳门赌场赌球网赌博网欧洲老虎机全讯网澳门赌场娱乐城