（武汉大学 法学院，湖北 武汉 430072）
Comment on the Amendment of Rules in the Guarantee Period of the Civil Code
(Wuhan University Law School，Wuhan 430072，China)
Abstract: The provision of the concept of guarantee period newly added in the Civil Code is an incomplete provision, and it cannot be determined that the guarantee responsibility is eliminated based on this provision alone. The Civil Code stipulates that the guarantee period is an invariable period, which is the result of inheriting the provisions of judicial interpretation, and is also in accordance with the requirements of the statute of limitations. Civil Code inherited the "deemed no agreement" rule of judicial interpretation, but did not inherit the "deemed unknown agreement" rule. For the " the guarantee responsibility undertaken by the guarantor shall end when the principal and interest of the principal debt are paid off " clause, the meaning and effect shall be determined according to the rules of interpretation of meaning. For the starting point of the limitation of action for guaranteed debt newly stipulated in the Civil Code, it should be interpreted in accordance with the purpose of limitation and combined with the general starting standard of the limitation of action.
Keywords: Civil Code; guarantee period; agreed guarantee period; Limitation of action; starting point