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随着我国金融业的不断发展,金融工具推陈出新,金融市场和金融中介服务从无到有、从小到大,反担保这一保证形式作为民商事法律关系中保证方“自我防卫”的手段应运而生,而关于担保、反担保的一系列法律问题也引起人们的关注。人们不禁要问,反担保合同能否赋予强制执行效力?关于此问题,在公证界有两种观点:第一种是,可以赋予反担保合同强制执行效力;第二种是,不能赋予反担保合同强制
With the continuous development of China’s financial industry, the financial instruments have been revitalized and the financial markets and financial intermediary services have grown from scratch. From small to large, the form of guarantee of counter-guarantee as a means of guaranteeing the party’s “self-defense” in the legal relationship between civil and commercial affairs Came into being, and a series of legal issues on guarantee and counter-guarantee also attracted people’s attention. People can not help but ask whether the anti-guarantee contract can enforce the effect of enforcement. On this issue, there are two opinions in the notary community: the first is that the anti-guarantee contract can be enforced and the second is that counter guarantee can not be given Forced contract