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在快速发展的社会主义市场经济条件下,民商事经济交往活动中简便处理问题的制度设计越来越凸显其优势性,而保证责任作为其最重要的制度之一也越来越受到关注。保证责任的实现是保障债权实现的关键,是整个保证制度的核心。从责任与义务的关系角度来讲,保证责任在性质上实为法律义务;从保证责任的方式来讲,分为一般保证责任和连带保证责任,这里本文将会对保证方式在约定不明时应为一般保证责任还是连带保证责任的问题上做重点论述。
Under the condition of the rapid development of the socialist market economy, the institutional design of simple handling of problems in the economic activities of civil and commercial affairs has increasingly highlighted its superiority. As one of its most important systems, the responsibility to guarantee is also receiving more and more attention. The realization of guarantee responsibility is the key to guarantee the realization of creditor’s rights and is the core of the whole guarantee system. From the perspective of the relationship between responsibility and obligation, the guarantee responsibility is actually a legal obligation in nature; from the way of guarantee liability, it is divided into the general guarantee responsibility and the joint guarantee responsibility. In this article, For the general guarantee responsibility or the issue of joint responsibility to make a key discussion.