保证人在放弃专属于保证人的抗辩权,或者在放弃债务人所享有的且债务人也表示放弃的抗辩权而承担保证责任的情况下,应当享有追偿权。近年来保函的应用越来越广泛。但由于保函合同期限长、金额大、风险高,在基础合同中仅由一方所做的承诺可能不足以防范风险,这就需要由第三方出具保函提供担保。这其中经常会涉及到的一个重要问题就是,保证人如果放弃自身的抗辩权,或放弃享有的债务人(被担保人)的抗辩权,是否还享有追偿权?两种意见保证人先后享有两项重要权 The guarantor shall enjoy the right of recovery if he or she gives up the right of defense exclusive to the guarantor or assumes the guarantor responsibility in case he or she gives up the right of defense enjoyed by the debtor and the debtor also renounces it. In recent years, the application of guarantee is more and more widely. However, because the guarantee contract has a long term, large amount and high risk, the commitment made by only one party in the basic contract may not be enough to guard against the risk, which requires the guarantee issued by a third party to provide a guarantee. An important issue that often comes up is whether the guarantor still enjoys the right of recovery if he or she gives up his or her right of defense or renounces the defenses of the debtor (the guarantor). The two guarantors have enjoyed two important rights