Highest courtyard: Lawsuit advocates creditor's rights did not prosecute guaranty person, do not ge

Of hypothec abandon need expresses to be element with the clear meaning of hypothec person, although the 7 finance orgnaization that this case represents with delaying river credit agency to be did not sue new cooperation company to assume in lawsuit assure responsibility, but its made the clear meaning that does not abandon hypothec of pair of new cooperation company express, additional basis " matter right law " the 195th regulation hypothec the right that the person has choice lawsuit or other way to the exercise of hypothec. Because this case is medium,bank of merchant of farming of Dragon Well tea did not lose the hypothec of pair of new cooperation companies.

1, Yan Hexin used the 7 finance orgnaization such as bank of merchant of farming of company, Dragon Well tea on July 28, 2011 (give debit side) with company of edifice of trade of the nation that extend a limit (loan square) sign " loan contract " : Loan amount 200 million yuan, it is during loan came on July 29, 2011 on July 28, 2012. 5 companies such as company of edifice of trade of the nation that extend a limit, new cooperation company are offerred for afore-mentioned loan assure.

2, afore-mentioned 7 finance orgnaizations signed on July 28, 2011 " accredit book " : Yan Hexin represents 7 finance orgnaization to advocate to person of borrower, guaranty, guarantor the right, to lodge a complaint is reached with the company carry out compulsively wait for all matters concerned.

3, after loan expires, borrower is faint pay off expires debt, the 7 finance orgnaization such as agency of the credit that delay a river will divide 4 security outside new cooperation company to appeal to to the court, demand the other side is assumed assure responsibility, the court makes become effective after civil mediation book. This civil mediation book carries bright " Yan Hexin to leave the right " that sues to new cooperation company with social security.

4, when Yan Hexin sued security of etc of case experience debtor with the company in October 2014, did not sue company of security new cooperation, new cooperation company already abandoned his rejecting to the hypothec of new cooperation company to assume with bank of merchant of farming of Dragon Well tea urging for this assure responsibility.

Whether did bank of merchant of farming of Dragon Well tea abandon the hypothec to new cooperation company?

Civil mediation book carries bright " Yan Hexin to leave the right " that sues to new cooperation company with social security, copy clerk of law of this become effective has proof Yan Hexin not to abandon the evidential effectiveness of hypothec of pair of new cooperation company with the company. On May 15, 2015, agency of the credit that delay a river Xiang Xinge makes company notarial service " loan of exceed the time limit of agency of credit of Jilin province country is urged receive notice " , informing content is to ask new cooperation company continues to assume guaranty to assure responsibility. New cooperation company provides receipt with sunrise, this company " assures compliance continue to assume guaranty to assure responsibility, termless continue to fulfill assure compulsory " . This shows, yanhe credit agency made creditor ask new cooperation company continues to assume guaranty to assure the clear meaning of responsibility expresses, and new cooperation company expresses clearly also to will continue to assume guaranty to assure with the company to Yan Hexin responsibility, this company advocates in this case lawsuit Yan Hexin abandoned the hypothec to this company with the company, have violate sincere letter.

Additional, according to " matter right law " the 195th the first about " hypothec the person is OK with guaranty person agreement in order to mortgage belongings convert into money perhaps in order to auction, the money paid for something purchased or received for something sold that sells off gains of this guaranty property is preferential hypothec of the regulation of " sufferring countervail and this the 2nd " person and guaranty, hypothec person can request the people court auction, regulation that sells off guaranty belongings " , the " of agreement of exercise existence " that makes clear hypothec and " lawsuit " two kinds of ways, namely hypothec person has option to the exercise means of hypothec, not be to must pass lawsuit solve.

On put together, agency of the credit that delay a river did not sue new cooperation company in leading case, do not form hypothec abandon.

(2017) top magic art civilian eventually 964

" assure the law explains "

8 creditor are in thirtieth the idle after master contract walks on at the expiration of one's term of office of date of departure assures at exercise content counterpoises, cause assure the value of content decreases or damage, destroy break, regard creditor as to forgo a share of whole perhaps thing assure. Guarantor is reduced inside the limits of creditor nonuser or absolve assure responsibility.

" matter right law "

Nonperformance of the 195th debtor expires the achieves hypothec status that debt perhaps produces party to agree, hypothec person is OK with guaranty person agreement in order to mortgage belongings convert into money or with the auction, money paid for something purchased or received for something sold that sells off gains of this guaranty property preferential suffer countervail. The agreement harms other loan interest, other loan can be in since the day that know or ought to know cancel particulars of a matter inside a year cancel of request people court this agreement.

Hypothec person and guaranty person did not realize means to come to an agreement with respect to hypothec, hypothec person can ask people court auction, sell off guaranty belongings.

. . . . . .

Creditor passes creditor's rights of litigant fashion exercise, whether must person of will sponsorial, guaranty along with all the others lawsuit? Not along with all the others is to lodge a complaint illative creditor nonuser? Put in particular controversy in solid Wu, this legal precedent makes clear highest courtyard: Abandon hypothec belonging to what belongings counterpoises to abandon, fasten a kind of home remedy civil law action, civil law action expresses to be element with the meaning, outside having special provision except law, the meaning states Ying Yiming shows means to make, reason should make the effectiveness that the clear meaning that abandons hypothec expresses or to application of the branch that register hypothec besmear sells the ability that register to produce hypothec to abandon by creditor normally.

Remind an attention, the party in this legal precedent shows reservation advocates to appealing to security the practice of the right is worth creditor to draw lessons from clearly in litigant mediation book, can avoid needless dispute so.