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保证合同作为担保的主要形式,在经济合同中得到了越来越广泛的应用,因保证合同发生纠纷诉至人民法院的案件也不断增加。我国《民法通则》及《经济合同法》对保证人承担连带责任作了较为原则的规定,但对保证人连带责任的性质和特点,保证人的连带责任成立的构成要件,以及保证人承担连带责任的形式都未明确规定。审判实践中对于保证人的连带责任存在不同的认识,往往导致适用法律的错误,从而影响案件的正确处理。本文试就保证人的连带责任作一探讨。
As the main form of guarantee, the guarantee contract has been more and more widely used in the economic contract, and the number of disputes over the contract of guarantee to the people's court is also on the rise. The “General Principles of Civil Law” and the “Economic Contract Law” provide more principled provisions for the guarantors to assume joint and several liability. However, the nature and characteristics of joint and several liability of the guarantor, the constitutional elements of guarantor's joint liability and the guarantor's joint and several liability Not specified. Judicial practice of guarantors for the existence of different responsibilities, often lead to the error of the applicable law, thus affecting the proper handling of cases. This article attempts to discuss the guarantor's joint and several liability.