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我国《担保法》生效(1995年10月1日)之前,经济活动中存在大量的保证担保行为。伴随着四大资产管理公司清理不良资产工作,大量的不良资产被打包作为设立公司的出资形式或被整体出售,当下司法实践中仍有诉讼案件不断发生。对于《担保法》生效之前保证行为的法律适用问题在司法裁判中尤为关键,笔者结合代理的一起保证担保纠纷案件,就金融不良债权追偿案件中保证方式、保证期间等所涉法律问题进行探讨。
Before the entry into force of China’s “Guarantee Law” (October 1, 1995), there were a large number of guaranteed guarantees in economic activities. Along with the four asset management companies to clean up the non-performing assets, a large number of non-performing assets were packaged as a form of investment in the establishment of the company or be sold as a whole, there are still litigation cases continue to occur in the current judicial practice. The legal application of the guaranty act before the entry into force of the Guaranty Law is particularly crucial in judicial adjudication. The author discusses the legal issues involved in the guarantee modalities and the guaranty period in the case of the financial non-performing loan claim with the guarantee of guaranty and dispute cases together.