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金融机构的合同中,出现了越来越多的股东连带保证规定,这些规定颁布的主要目的是防止发生金融风险。通过在中国建设银行等金融机构中实施,发现其在公司再偿、金融风险防范方面具有显著效果。但这些合同的出现,增加了公司股东承担的投资风险,造成股东连带保证和股东有限责任冲突。本文现就股东连带保证中合同法和公司法的冲突进行阐述,总结股东连带保证合同效力的认定。
In the contracts of financial institutions, there are more and more provisions for the joint guarantee of shareholders. The main purpose of the promulgation of these regulations is to prevent the occurrence of financial risks. By implementing it in financial institutions such as China Construction Bank, it is found that it has a significant effect on corporate reimbursement and prevention of financial risks. However, the emergence of these contracts increases the investment risk borne by the shareholders of the Company, resulting in the joint guarantee between the shareholders and the shareholders’ limited liability. This article elaborates on the conflict between the contract law and the company law in the joint guarantee of the shareholders, and concludes the conclusion of the joint guarantee of the validity of the contract by the shareholders.