论票据保证人的抗辩权

On the Rights of Defenses of Negotiable Instruments of the Bill's Guarantors

票据保证人责任具有从属性、独立性、连带性等特性 ,且独立性优于从属性。票据保证人的自有抗辩权包括对物抗辩权和对人抗辩权。票据保证人对被保证人对物抗辩权的援引 ,仅存在于得由被保证人主张的对物抗辩的部分情节 ;票据保证人对被保证人对人抗辩权的援引 ,应采用票据保证人责任独立性为主从属性为附的原则。

The characteristics of the legal liability of the bill's guarantor are subordinate independent and joint,and the independent is superior to the subordinate. The defenses rights of the bill's guarantor by himself consist of the counterplead rights for the causes of exception in rem and in persona. The bill's guarantor citing the defense rights of the bill's warrantee to counterplea,only is present in some situation when the bill's warrantee can assert a counterplead right for the causes of exception in rem to the holder's right of claim. when quoting a counterplead right of the bill's warrantee for the causes of exception in persona to counterplea to the holder's right of claim,the bill's guarantor should adopt the principle which the independent characteristic is major to subordinate feature for the legal liability of the bill's guarantor