One, the concept that assures instead
" assure law " after issueing for enforcement, say to think: Assuring instead is to point to debtor to offer what the 3rd person that assure offers to assure to be him creditor, or show the 3rd factitious debtor is offerred to creditor when assuring, debtor should the requirement of the 3rd person assures for what the 3rd person offers. From now on the viewpoint looks assuring instead is to assure one of planting, debtor is to assure instead the security in the relation, the 3rd person counterpoises to assure person. From now on the principle is analysed, we can realise only, assuring instead also is common sense only for debtor and the relation of the 3rd person go up assure, namely opposite Yu Yuan only then assure (the 3rd person advocate creditor's rights establishs assure) . Assure instead still have be restricted surely benefit of as a matter of expediency and matter right, value authority and the feature that appraise at the current rate counterpoises, assure like syncretic of complete also accord with the property of has impartible sex and sex of the subrogation on content. The author thinks to assure instead, it is to show to ensure debtor the security besides is assumed in the future assure of the to debtor authority chasing after countervail after responsibility come true and of set assure, in a word, assure namely assure.
Assuring instead is opposite at this assuring character is putting this assuring already establish on the foundation that Lai fastens. Assure to turn over as the semmetry that assures instead of the premise of set and foundation this assuring, be point to and be confined to “ the 3rd factitious debtor assures to what creditor offers ” , and him debtor assures to what creditor offers do not list in its. Act as because of him debtor when security, nonexistent the advantageous position chasing after countervail that can expect, from also have no way is established for its assure instead. In this assuring, offer the 3rd person that assure to creditor for debtor, in debtor period when nonperformance debt, beard by contract agreement and legal provision are assumed assure responsibility, the belongings with oneself for you the pay off of debt. After acting countervail debt, this security makes the new loan of debtor namely, with respect to its acting debtor enters the debt of pay off to creditor's rights, authority chases after countervail to debtor. Creditor of no less than asks because of worrying about the liquidity of debtor debtor or of the 3rd factitious debt fulfill offer like assuring reliably, offer the 3rd person that assure to creditor for debtor, stem from self interest, often also meet what Lv reachs his to expect chase after countervail authority to become after getting right already whether the problem of implementation, pursue the risk that countervail authority realizes to avoid or reduce its, he can ask according to the circumstance the person beyond debtor or debtor is offerred to its beforehand assure instead, assure with ensuring its to assume responsibility is backward the implementation that debtor seeks countervail losing right.
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