All kinds of security contract forms of expression

The terms of the contract of guarantee how relates directly to the interests of the creditor, the strength of the creditor's rights guarantee and the guarantor (including the guarantor, mortgage, the pledgor, deposit to pay people of responsibility of burden. To avoid guarantee practice oral agreement is not due to the controversy over the meaningless, in addition to the various kinds of guarantee contract besides lien shall take written form. The written form of a security contract can be contract concluded separately in writing, and the guaranty clauses in the principal contract, for the Lord is the guaranty contract clause in the contract is the guarantor and be the guarantor of the mean between the obligee consistent results, and made clear that the parties of the rights and duties in the relationship of course should be seen as a contract in writing. And, written guarantee contract that both parties can sit together after repeated an offer, then an offer in the negotiation process by a written contract, also can be between two parties has the nature of the guarantee letter, fax, cable written documents, because mail, fax, cable can express the guarantor willing to act as guarantor, provide mortgage, pledge or deposit guarantee mean says, is willing to accept the security guarantee creditors mean said. And, with the expansion of international trade scope, modern communication tools improvement, the height of the market economy and society informatization, not admit that letter, fax, cable written documents as a guarantee of form is not conducive to promote the development of China's socialist market. In the practice of the trial, the people's court to determine the creditors and the rights and duties in the relationship between the guarantor shall be for all kinds of contract documents to be completely review, according to a security contract documents the specific content of the processing of the dispute between the parties. Of course, as determined the rights and duties in the relationship between the parties according to the guarantee of the contract must be legal and effective, if a security contract violation of the national mandatory legal standards and good morals public order principle, cannot according to the security of the contents of the contract to determine the right relationship between the parties.