2002•Unpublished venueRequires access

The Double Security for the Same Obligatory Right by Guaranty & Mortgage

QU Zhong-hong

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Abstract

The double security by guaranty mortgage is a joint security for the full parts or one part of the same obligatory right.The problem that which security should be realzed at first by the creditor ought to be detemined by such factors as fashions of guaranty,creditor's choice,etc.Mortgage being ares security,and guaranty being apersona security,which determines that in the circumstance of mortgage having been realized by creditor,the mortgagor doesn't have a right of subrogation,the guarantor will be exempted of guarantee liability spontaneously.On the Cotrary,in the circumstance of the guarantor having been demanded to assume his guarantee liability by the creditor,the guarantor has a right of subrogation, the mortgage can't cease to exist spontaneously.Hence,if the creditor abandon mortgage,the guarantor will be exempted of his guaranteee liability accordingly,but if the creditor relieve the guarantor of his guarantee liability,the mortgagor can't counterargument with it.

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The double security by guaranty mortgage is a joint security for the full parts or one part of the same obligatory right.The problem that which security should be realzed at first by the creditor ought to be detemined by such factors as fashions of guaranty,creditor's choice,etc.Mortgage being ares security,and guaranty being apersona security,which determines that in the circumstance of mortgage having been realized by creditor,the mortgagor doesn't have a right of subrogation,the guarantor will be exempted of guarantee liability spontaneously.On the Cotrary,in the circumstance of the guarantor having been demanded to assume his guarantee liability by the creditor,the guarantor has a right of subrogation, the mortgage can't cease to exist spontaneously.Hence,if the creditor abandon mortgage,the guarantor will be exempted of his guaranteee liability accordingly,but if the creditor relieve the guarantor of his guarantee liability,the mortgagor can't counterargument with it.

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Available abstract

The double security by guaranty mortgage is a joint security for the full parts or one part of the same obligatory right.The problem that which security should be realzed at first by the creditor ought to be detemined by such factors as fashions of guaranty,creditor's choice,etc.Mortgage being ares security,and guaranty being apersona security,which determines that in the circumstance of mortgage having been realized by creditor,the mortgagor doesn't have a right of subrogation,the guarantor will be exempted of guarantee liability spontaneously.On the Cotrary,in the circumstance of the guarantor having been demanded to assume his guarantee liability by the creditor,the guarantor has a right of subrogation, the mortgage can't cease to exist spontaneously.Hence,if the creditor abandon mortgage,the guarantor will be exempted of his guaranteee liability accordingly,but if the creditor relieve the guarantor of his guarantee liability,the mortgagor can't counterargument with it.

Key concepts: Surety, Creditor, Security interest, Subrogation, Liability, Business, Foreclosure, Lien

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