Supreme People's Court, Security Dispute Case Issues Concerning the Application of Judicial Interpretations and the Form of Guarantee Liability Official Reply
最高人民法院关于涉及担保纠纷案件的司法解释的适用和保证责任方式认定问题的批复
January 31, 2003 | BY
clpstaff &clp articles &Issued: November 23 2002Effective: December 6 2002Applicability: The Reply does not apply to the retrial, whether brought up by the party concerned or…
Issued: November 23 2002
Effective: December 6 2002
Applicability: The Reply does not apply to the retrial, whether brought up by the party concerned or decided in accordance with the judicial supervision procedure, of security dispute cases the judgment or decision of which has come into legal effect.
Main contents: The Reply clarifies that the Several Guarantee Issues Relevant to Trial of Economic Contract Dispute Cases Provisions do not apply to retrial of security dispute cases the judgment or decision of which has come into legal effect (Item One). Item One also states that the PRC Security Law applies to security acts and disputes that occur after the Law has come into effect. Item Two of the Reply elaborates on the definitions of general guarantees and guarantees with joint and several liability.
Related legislation: Several Guarantee Issues Relevant to Trial of Economic Contract Dispute Cases Provisions, 1994 and PRC Security Law, Jun 30 1995, CLP 1995 No.6 p21
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