Abstract Currently, mixed disputes of material guarantee and personal guarantee are continuously emerging while related judgments are usually in conflict with each other, which attract public attention. Based on the comparative and empirical researches on similar cases in recent five years, this paper conducts researches centering on related problems, including the clauses for the realization of creditors’ rights in the mixed disputes of material guarantee and personal guarantee, the understanding of the realization priority of creditors’ rights in the mixed guarantees and the affirmation for material guarantee abandonment of creditors. This paper particularly proposes to make judgment on whether the guarantor abandons the priority defense right, and then reach the final verdict concerning the responsibility priority of the material guarantee and personal guarantee providers in the mixed disputes according to the principle of relative priority of material guarantee.
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