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保证作为一种重要的担保形式。在经济合同和涉外经济合同中得到广泛的应用。本文主要对经济合同纠纷中保证人责任的确认和一些问题谈点探讨性的意见。 经济合同法第十五条规定:“被保证的当事人不履行合同的时候,由保证单位连带承担赔偿损失的责任。”民法通则第八十九条第(一)教又规定:“保证人向债权人保证债务人履行债务,债务人不履行债务的,按照约定由保证人履行或者承担连带责任;保证人履行债务后,有权向债务人追偿。”从上述规定中可以看出,保证一般涉及三种法律关系。即债权人与主债务人的经济合同关系;主债务人与保证人的关系,也是被保证人与保证人的关系;债权人与保证人的保证合同关系。在司法实践中,要正确认定和解决保证人的连带责任及其承担问题,就需要以事实为依据,对上述保证所涉及的三种法律关系及其相互关系作出科学分析。
Assurance as an important form of security. In economic contracts and foreign economic contracts have been widely used. This article is mainly about the confirmation of the guarantor's liability in the economic contract disputes and some discussion about the opinions. Article 15 of the Law on Economic Contract stipulates: “When a party to be guaranteed fails to perform its contract, the guarantor shall be jointly and severally liable for damages.” Article 89 (1) of the General Principles of Civil Law stipulates: “The guarantor assures the creditor If the debtor performs the debts and the debtor fails to perform its obligations, the guarantor shall perform or bear the joint and several liabilities as agreed. After the guarantor has discharged the debts, he shall be entitled to seek recovery from the debtor. ”As can be seen from the above provisions, the guaranties generally involve three kinds of legal relations. Namely, the economic contractual relationship between the creditor and the main debtor; the relationship between the main debtor and the guarantor, as well as the guarantor's relationship with the guarantor; and the guarantor's contractual relationship with the guarantor. In judicial practice, to correctly identify and solve the guarantor's joint and several liabilities and the problems they bear, it is necessary to make a scientific analysis on the three legal relations and their mutual relations involved in the above guaranties based on facts.