2021, lawyer of Henan Changhao Law Firm, Zhao Weihang, on March 28,2010, made a thematic sharing on the differences between the Civil Code, the guarantee law and the Property Law in relation to the maximum amount guarantee.

This sharing mainly from the maximum guarantee period, the determination of the creditor's rights, the scope of the guarantee and other aspects of the practice to do a legal analysis.

The claims secured by the maximum amount guarantee are uncertain, and the claims secured by the maximum amount guarantee mainly cover claims that will occur continuously within a fixed time in the future, and the claims secured by the maximum amount guarantee are continuous and uncertain, more commonly found in the bank's financing business and credit business.

Because the principal claim corresponding to the maximum amount guarantee contract is one or more, the period of performance of each claim may be different. In this case, how to calculate the guarantee period of the maximum amount guarantee, article 30 of the interpretation of the guarantee system of the Civil Code makes it clear that the parties have agreed to follow the agreement, if there is no agreement or the agreement is unclear, it shall be calculated in combination with the date on which the creditor's right is determined and the date on which the time limit for performance expires. Where the time limit for performance on the definite date of the claim has all expired, the calculation shall begin on the definite date of the claim; where the time limit for performance has not expired, the guarantee period shall begin to calculate on the date of the expiration of the time limit for performance of the last due claim. The date of the establishment of the creditor's rights shall be determined in accordance with Article Four hundred and twenty-three of the Civil Code.

Article Four hundred and twenty-three of the Civil Code, compared with article two hundred and six of the Property Law, is the fourth item concerning "the mortgagee knows or should know that the mortgaged property has been sealed up or seized" , it is made clear that the determination of creditor's rights is not determined from the day when the mortgaged property is sealed up and distrained, but from the day when the mortgagee knows or ought to know that the mortgaged property is sealed up. The conditions for the determination of creditor's rights are made clear.

How to determine the maximum amount of guarantee of maximum amount because there is no clear provision in the law, there are different opinions in practice. Some point of view that the maximum amount should be identified as the maximum amount of claims, some point of view that the maximum amount should be identified as the maximum amount of principal. Zhao Weihang, a lawyer at the Supreme People's Court, analyzed how the terms of the maximum guarantee would affect the outcome of the two decisions on the determination of the maximum guarantee limit. If the principal claim secured under the maximum amount guarantee contract is all obligations under the contract, then the guarantor shall be liable for the principal, interest, penalty interest, penalty for breach of contract, indemnity and the cost of realization of the claim. If the principal amount of the principal claim guaranteed by the contract is the maximum amount and the corresponding interest, penalty, penalty, indemnity and expenses for the realization of the principal claim, the maximum amount shall be limited to the principal amount only, the resulting interest, penalty interest, liquidated damages, damages and the cost of realizing claims are not subject to the maximum amount.