试论保证合同的保证期间与诉讼时效

Tentatively on the Duration of Guaranty and Limitation of Claim in Contract of Guaranty

保证期间是债权人应当积极行使权利 ,使保证权利从期待权利变为现实权利的期间 ,其性质既不是诉讼时效 ,也不是除斥期间 ,是一特殊的权利行使期间。保证期间与诉讼时效性质不同 ,可以同时适用于保证合同 ,但在规范上不能存在冲突。

The duration of guaranty refers to the span in which the creditor performs his rights to make guaranteed right from expectation to real rights; essentially, it is a special course for exercising power. Despite their different qualities, both duration of guaranty and limitation of claim can apply into contract of guaranty. However, in standardizing them, there cannot conflict with each other.