合同保证性质探究

On the Contract Gurantee Nature

保证是一个多含义的概念,在不同场合使用有不同的意义。一般意义上说,保证分为两种。一是指自己向他人承诺自己的行为所能达到的效果。二是指自己向他人承诺第三人的行为所能达到的效果。而作为在现实的商业或是一般性活动中经常接触的保证合同,究竟有哪些特殊的性质和性质的表现,是我们研究保证合同的关键。关于此问题的观点和论述也有很多,这也使如何确定和认识保证合同的性质成为必要。

Pledge is a conception that has plentiful meanings and on the different conditions it has different significances. Generally, the pledge has two types. The one is that the people promise for the effects of theriselve's behaviors. The other meaning is that the people promise to the third people and guarantees the effects of the third people. But as the contract for the pledge that we offen contact in the ture bussiness or normal activities, it has some traits that the normal contracts have not own and how the nature of the pledge contract embodys the special character is the vital thing for us to study the pledge contract. About the problem above, opinions and statements are so many and different. But that is why it is necessary to make sure and penetrate into the nature of the pledge contract.