试论保证责任

Trial Explication on Guarantee Responsibility

保证责任因保证合同而生,是保证人对债权人承担的债务责任,这种责任具有不同与一般债务责任的特征,且因保证方式的不同而有所差别。保证责任的承担既关系到债权人利益的实现,也与保证人本人利益休戚相关。分清保证人承担责任的类型、区分保证责任与无效保证责任,对解决保证责任纠纷具有重要的现实意义。

Guarantee responsibility,which is debt responsibility undertaken by the guarantor for the creditor,is emerged because of guarantee contract.This kind of responsibility has the characteristics different from general debt responsibility and the difference of guarantee pattern.The undertaking of guarantee responsibility has great deal to do not only with the creditor's interest but also with the guarantor's.It is of important realistic meanings for solving an issue to distinguish the type of guarantor's undertaking responsibility and to distinguish guarantee responsibility and invalid guarantee responsibility.