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担保,作为市场经济条件下保障债权实现、促进资金融通的有效手段,已越来越经常地为我国各类企业所采用。从整体上看,其积极作用是勿庸置疑的。然而,担保对担保公司来讲,又是具有重大风险的行为。因此,如何控制和防范担保公司的担保责任风险,是每一个行将为人担保的公司都必须认真思考的。为此,笔者根据《公司法》和《担保法》的有关规定,从担保公司的角度阐述担保责任风险的控制和防范问题。
As an effective means of guaranteeing the realization of claims and facilitating financial intermediation under the conditions of a market economy, guarantees have been adopted by all kinds of enterprises in our country more and more frequently. On the whole, its positive role is beyond doubt. However, the guarantee is also a significant risk to the guarantee company. Therefore, how to control and prevent the guarantee company’s guarantee responsibility risk is that every company that guarantees the guarantee must think seriously. Therefore, according to the relevant provisions of “Company Law” and “Guarantee Law”, the author expounds the control and prevention of the risk of guarantee liability from the perspective of guarantee company.