Guarantors are common. Generally, people who provide guarantees for debtors are called guarantors, but unless they are closely related to the parties, people are generally unwilling to be guarantors for others. So under what circumstances does the guarantor not bear the responsibility? After reading the contents arranged for you below, it will definitely help you. 1. Under what circumstances does the guarantor not assume responsibility?

According to the provisions of the "Guarantee Law", the guarantor may not assume the guarantee liability under any of the following circumstances.

1, the parties to the main contract colluded to defraud the guarantor to provide guarantee;

2. The creditors of the main contract resort to fraud, coercion and other means to make the guarantor provide a guarantee against the true meaning;

3. Exemption due to changes in the contents of the main contract. Where the creditor and the debtor agree to change the main contract, they shall obtain the written consent of the guarantor. Without the written consent of the guarantor, the guarantor will no longer bear the guarantee responsibility.

4. Because the guarantee contract is not established, the guarantee responsibility is exempted.

5. Exemption beyond the warranty period.

6. If the debt or guarantee exceeds the limitation of action, the guarantor does not need to bear the guarantee responsibility.

7. If the parties to the main contract agree to replace the old with the new, the guarantor shall not be liable for the guarantee except for accidents that the guarantor knows or should know.

Second, what is the scope of responsibility of the guarantor?

The scope of guarantee includes the principal debt and interest, liquidated damages, damages and expenses for realizing creditor's rights. If there are other provisions in the guarantee contract, such provisions shall prevail. Where the parties have not agreed on the scope of guarantee or the agreement is unclear, the guarantor shall be liable for all debts.

The content of suretyship liability includes performance on behalf of others and liability for compensation, which should be agreed by the parties. Agency performance means that both parties agree that when the debtor fails to perform the debt, the guarantor will perform it on his behalf. Only when the guarantor fails to perform, can he be liable for compensation instead of the actual performance of the debt.

During the guarantee period, if the creditor transfers the principal creditor's rights to a third party according to law, the guarantor shall continue to bear the guarantee responsibility within the original guarantee scope. Where the creditor allows the debtor to transfer the debt, it shall obtain the written consent of the guarantor, and the guarantor shall no longer be liable for the debt transferred without his consent. Where the creditor and the debtor agree to change the main contract, they shall obtain the written consent of the guarantor. Without the written consent of the guarantor, the guarantor will no longer bear the guarantee responsibility.

After assuming the guarantee responsibility, the guarantor has the right to recover from the debtor. If the debtor goes bankrupt, the guarantor may participate in the distribution of bankrupt property and exercise the right of recourse in advance.

As a guarantor, whether in general guarantee or joint guarantee, the actual guarantor's responsibility is to provide certain guarantee for creditor's rights. That is to say, in general, if the debtor fails to perform the debt when it is due, the creditor can recover the debt from the guarantor. However, in any of the above circumstances, the guarantor does not need to bear the guarantee responsibility.

3. Can the guarantor cancel the guarantee?

1. In general, the guarantor cannot cancel the guarantee unless the creditor agrees. Guarantee is a contract. As long as the guarantee contract is signed, if the two parties cannot reach an agreement to terminate the guarantee contract, the guarantor must bear the guarantee responsibility.

2. The guarantee cannot be revoked before the borrower pays off the debt. According to the bank loan operation standard, the debt can only be transferred to others unless the guarantor, the borrower and the credit cooperative agree.

The above is the latest information for you about the guarantor's non-liability. To sum up, there are five situations in which the guarantor can't bear the guarantee responsibility, including not taking responsibility after the "guarantee responsibility period", exemption stipulated in Article 30 of the Guarantee Law, assignment of debts without the consent of the guarantor, and invalidity of the main contract. If you have any other legal questions, please consult our lawyer.