【Description】
Reading and judging every day is a daily fixed study meeting of the Wancheng business team driven by both law and business. The case shared in this article is a case study that we will collectively learn on January 29, 2024.
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【Related Laws】
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the General Principles of Contracts in the Civil Code of the People's Republic of China
Article 30: The people's courts may designate the following civil entities as third parties with lawful interests in the performance of debts as provided for in the first paragraph of Article 524 of the Civil Code:
(1) The guarantor or the third party that provides the guarantor;
(2) the transferee, usufructuary right holder, or lawful possessor of the secured property;
(3) the subordinate security holder on the secured property;
(4) a third party who has a lawful interest in the debtor's property and such rights and interests will be lost due to the enforcement of the property;
(5) where the debtor is a legal person or an unincorporated organization, its investor or founder;
(6) if the debtor is a natural person, his close relatives;
(7) Other third parties with lawful interests in the performance of debts.
The third party obtains the debtor's claim to the extent that it has already performed on its behalf, but it must not harm the interests of the creditor.
Where a guarantor claims a security right against another guarantor after performing the debt on behalf of the guarantor and obtains the creditor's right, it shall be handled in accordance with the provisions of Articles 13, 14 and 18, Paragraph 2 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on the Guarantee System.
【Legal Relationship Diagram】
【Diagram Overview】
Zhang and Sun signed a "loan contract". Yuan and Fang provided guarantees for Zhang, and the two signed the Guarantee Contract, stipulating that if Zhang's debts could not be repaid, one party would pay off Zhang's debts first, and the two parties could recover from each other. Housun asked Zhang to repay the loan, but Zhang refused to perform. Yuan paid off Zhang's debts. Later, in accordance with the contract, Yuan recovered his corresponding share from Fang and claimed creditor's rights from Zhang.
【Case Description】
Since the judicial interpretation of the contract section of the Civil Code is a new judicial interpretation, there are almost no applicable cases public, and the above cases are fictitious cases for the sake of ease of learning and understanding the provisions of the provisions.