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保证期间是担保人可以容忍债权人不主动行使权能的最长时限。该性质为特殊的权利行使期间,与时效期间和除斥期间均不尽相同。目前国际上对担保期间的规制也愈加详细,其中不乏对我国立法的可借鉴之处。由于立法实践和司法实践中对先诉抗辩权与一般保证诉讼时效起算点之间的关系存在较多争议,因此有必要把握及辨别先诉抗辩权、约定保证期间与诉讼时效三者的异同。总而言之,对容易混淆的两类保证期间必须区别对待,才能有利于我国担保法的实践规制。
The guarantee period is the maximum time frame for the guarantor to tolerate the obligee’s exercise of his or her authority. This nature is the period during which the special right is exercised, and both the period of limitation and the period of exclusion. At present, the regulations on the guarantee period in the world are also more and more detailed, and many of them can learn from the legislation of our country. Due to the controversy over the relationship between the first defense right and the starting point of the general guarantee lawsuit in the legislative practice and judicial practice, it is necessary to grasp and distinguish the similarities and differences between the first defense right, the agreed guarantee period and the limitation of action. All in all, the two types of confusable guarantee period must be treated differently in order to be conducive to the practice of our guarantee law.