Recourse disputes mainly refer to some disputes caused by recourse. There are two kinds of disputes over the right of recourse: one is the dispute over the right of recourse for guarantee liability; The second is the dispute over the right of recovery of partnership debts.
The scope of recourse for disputes over recourse:
1. Generally speaking, the guarantor provides guarantee according to the entrustment of the principal debtor, and both parties usually sign an agreement, so the legal relationship between them is entrustment, and the guarantor can recover from the principal debtor according to the agreement of both parties and the legal provisions on entrustment. In the entrustment relationship, the client shall repay the necessary expenses paid by the trustee for handling the entrusted firm, and the guarantor shall pay off the principal creditor with his own property and exempt the principal debtor, which constitutes the expenditure of necessary expenses, and of course has the right to request the principal debtor to return it;
2. The guarantor provides guarantee without the entrustment of the principal debtor, and the legal relationship between the two parties should be negotiorum gestio or quasi negotiorum gestio.
The guarantor's right of recourse The establishment of the guarantor's right of recourse must meet the following three conditions:
1. The guarantor has fulfilled the guaranteed debt to the creditor. No matter how the guarantor performs the debt, or whether the guarantor performs all or part of the debt, as long as the guarantor assumes the guarantee responsibility, he can enjoy the right of recourse;
2. The debtor is exempted from liability due to the performance of the guarantor. The so-called exemption of the principal debtor means that the debt of the principal debtor to the creditor is eliminated due to the performance of the guarantor, not the elimination of creditor's rights and debts. Where the debtor is exempted from liability, the guarantor has no right of claim, except that the guarantor performs the guaranteed debt. For example, when the debtor is exempted from liability because of his repayment behavior, even if the guarantor has fulfilled the guaranteed debt, the guarantor has no right to recover from the debtor. In this case, the guarantor can only request the creditor to return it according to the provisions of unjust enrichment;
3. The guarantor is not at fault when performing the guaranteed debt. If the surety is at fault in assuming the suretyship liability, the surety shall lose the right of claim. For example, when the creditor asks the guarantor to assume the guarantee responsibility, the guarantor fails to exercise the right of defense against the main debtor, which leads to the responsibility that he should not bear. Within this range, the guarantor loses the right to recover from the main debtor. Another example is that the guarantor shall notify the principal debtor in time after paying off or other exemption behaviors to avoid repeated performance by the principal debtor. If the guarantor is too lazy to notify the principal debtor after performing the guaranteed debt, resulting in the principal debtor performing in good faith again, the guarantor also loses the right of recourse.
To sum up, the nature of liquidated damages in the dispute over the right of recourse of guarantee companies can be divided into punitive liquidated damages and compensatory liquidated damages.
Legal basis:
Article 700th of the Civil Code of People's Republic of China (PRC).
After assuming the suretyship liability, unless otherwise agreed by the parties, the surety shall have the right to recover from the debtor within the scope of its suretyship liability and enjoy the rights of the creditor to the debtor, but it shall not harm the interests of the creditor.