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保证是确保债权实现的制度,而保险是对意外事故补偿的制度,二者本来是没有共性的互相独立的制度。但是,随着保险承保范围的扩大,‘债权不能实现’也成为可以承保的意外事故,这就出现了保证保险和信用保险。于是,保证与保证保险、信用保险之间的比较研究,就有了很现实的实践意义和理论价值。一、保证的基本法律问题从制度方面看,保证是以担保债权为目的,碓保债权效力的一种制度。从合同或行为方面看,保证是指保证人和债权人约定,当债务人不履行债务时,保证人按照约定履行债务或者承担责任的行为。
Guarantee is the system to ensure the realization of claims, and insurance is the system of compensation for accidents, the two have no common system of mutual independence. However, with the expansion of insurance coverage, “claims can not be achieved” has also become an underwriting accident, which led to the insurance and credit insurance. Therefore, the guarantee and assurance insurance, credit insurance between the comparative study, there is a very practical significance and theoretical value. First, the basic legal issues to ensure From a system perspective, the guarantee is secured debt for the purpose of protecting the effectiveness of a system of claims. In terms of contract or conduct, guaranty refers to the guarantor and creditor agree that when the debtor fails to perform its obligation, the guarantor shall perform the debt or take the responsibility according to the agreement.