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What is the dispute between the secured loan and the guarantor's repayment of debts?
The answer to the question "What dispute does the guarantor belong to after recovery" is as follows: In the legal relationship of guarantee, there are two forms for the guarantor to assume responsibility, one is the guarantee responsibility, and the other is the compensation responsibility. The former appears on the occasion when the guarantee is valid, and the form of expression is performance and advance payment; The latter occurs when the guarantee is invalid, that is, the main contract is valid and the guarantee contract is invalid, or the guarantee contract is invalid because the main contract is invalid, and the main contract is invalid and the guarantee contract is invalid at the same time, but there is no causal relationship between the two parties. After assuming the guarantee responsibility, the guarantor may claim compensation from the principal debtor or the counter-guarantor according to law. However, if the guarantor is liable for compensation, whether it can recover from the principal debtor or the counter-guarantor is a question worthy of consideration. The thinking point of this problem is that the theoretical basis of the guarantor's liability for compensation is the theory of contracting fault, that is, if the guarantee is invalid or revoked, the guarantor himself is at fault. If the law allows the guarantor to recover from the principal debtor or the counter-guarantor, it is equivalent to admitting that "the fault can also be exempted"; However, if the guarantor is not allowed to recover from the principal debtor, because the guarantor's guarantee behavior in the guarantee contract is unilateral, free of charge, or there is no "consideration", in this case, if the law does not allow the guarantor to recover from the principal debtor after assuming the liability for compensation, it seems that the guarantor is required to assume the ultimate obligation without obtaining the right of reciprocity, which violates the principle of fairness.