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“保证”一词有多种含义,作为债的担保方式之一,保证是指债务人以外的第三人作保证人向债权人担保债务人履行债的制度。《民法通则》第89条(1)项对此做了规定,《担保法》第6条规定得更加明确:“本法所称保证,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。”由于保证是以担保主合同的履行而设立的,是第三人以其自身的信誉和不特定的财产担保债的履行,因此传统民法上债权人与保证人之间订立的保证合同,是以债权人与主债务人之间的主合同的成立为前提的,保证合同是主合同的从合同,它依附于主合同而存
“Guarantee ” has a variety of meanings, as one of the ways of guarantee of debt, guarantee refers to the third party other than the debtor as a guarantor to the creditor to guarantee the debtor to perform the debt system. Article 89 (1) of the General Principles of Civil Law stipulates that Article 6 of the Guarantee Law stipulates more clearly: “The guarantee as used in this Law refers to the agreement between the guarantor and the creditor that when the debtor defaults, Guarantor in accordance with the agreement to perform the debt or assume responsibility. ”" Because the guarantee is performed by the performance of the principal contract is a third party with its own reputation and unspecified property debt to perform, so the traditional civil law creditors The guarantee contract concluded with the guarantor is premised on the establishment of the main contract between the obligee and the main obligor, and the guarantee contract is the subordinate contract of the main contract, which is attached to the main contract