Legal basis: Civil Code of People's Republic of China (PRC).
Article 1 This Interpretation is applicable to guarantee disputes such as mortgage, pledge, lien and guarantee. The relevant provisions of this interpretation are applicable to disputes involving the guarantee function, such as retention of ownership, financial leasing and factoring.
Article 2 If the parties agree in the suretyship contract that the effectiveness of the suretyship contract is independent of the main contract, or that the guarantor shall be liable for the legal consequences of the invalidity of the main contract, the agreement on the independence of suretyship is invalid. If the main contract is valid, the agreement on ensuring independence is invalid and does not affect the effectiveness of the guarantee contract; If the main contract is invalid, the people's court shall consider the guarantee contract invalid, except as otherwise provided by law.