其次,对各类不同成因的无效保证合同的法律后果作了分析。
Secondly, the legal consequences of a variety of causes of the invalid suretyship contract are analyzed.
文章在阐述无效保证合同的确认的四大要件的基础上,比较系统地分析了无效保证合同的过错责任和民事责任。
The paper expounds the four factors in determining invalid warrant contracts and continues to systematically analyse the liability and civil responsibilities of invalid warrant contracts.
如果承包人切实履行并遵守上述合同的所有条款,本保证书所承担的义务即告无效。
If the Contractor shall duly perform and observe all the terms, provisions, conditions and stipulations of the said Contract, this obligation shall be null and void.
保证人知道或者应当知道主合同无效不能表明保证人有过错。
It is not the evidence of his fault that guarantor knew or should know that chief contract is invalid.
如果时间许可,打算宣告合同无效的一方当事人必须向另一方当事人发出合理的通知,使他可以对履行义务提供充分保证。
If time allows, the party intending to declare the contract avoided must give reasonable notice to the other party in order to permit him to provide adequate assurance of his performance.
译文:如果时间允许,欲宣告合同无效的一方当事人必须向另一方当事人发出合理的通知,使其可以对履行义务提供充分保证。
If time allows, the party intending to declare the contract avoided must give reasonable notice to the other party in order to permit him to provide adequate assurance of his performance.
从理论层面看,主合同无效并不能导致保证合同也无效,坚持保证效力上的从属性会带来一系列的理论问题。
Theoretically, the invalidity of the principal contract can not lead to the invalidity of guarantee contract. Adherencing to dependence in legal effect may cause many theoretical issues.
保证合同既可能因主合同无效而无效,亦可因自身的原因而无效。
Suretyship contract would be null and void not only because of being null and void of the principal contract but also because of its own.
保证合同既可能因主合同无效而无效,亦可因自身的原因而无效。
Suretyship contract would be null and void not only because of being null and void of the principal contract but also because of its own.
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