Not necessarily, the guarantor should repay the loan according to the share agreed in the guarantee contract. If it is agreed to bear half, he will bear the debt according to half. If there are more than two guarantors for the same debt, the guarantors shall bear the guarantee liability according to the guarantee share agreed in the guarantee contract; If there is no agreement on the share of guarantee, the guarantor shall bear joint and several liabilities, and the creditor may require any guarantor to bear all the guarantee liabilities, and all guarantors are obliged to ensure the realization of all the creditor's rights.

Legal analysis

The surety who undertakes the suretyship liability has the right to recover from the debtor, or ask other sureties who undertake joint liability to pay off their share. Where the guarantor is jointly and severally liable for the debt, one of the guarantors has the right to recover from the debtor or other guarantors who are jointly and severally liable after assuming all the debts. Therefore, the joint and several liability guarantors can recover from each other. As long as the guarantor pays off the debt to the creditor in accordance with the guarantee contract or assumes the liability for compensation to the creditor according to law, he can obtain the right of claim for repayment against the debtor, that is, the right of recourse. According to the relevant laws, the guarantor can recover from the debtor after assuming the guarantee responsibility. Theoretically, this right of the guarantor is called the right of recourse of the guarantor. As for the property guarantor, he also has the right of recourse, and the third party has the right of recourse from the debtor when he is the mortgagor. Relevant laws also give the guarantor the right to recover from the guarantor who is liable for fault compensation. The guarantor's right of recourse becomes a civil right shared by the guarantor, the true guarantor and the invalid guarantor. The recovery of partnership debts means that the partners are jointly and severally liable for the debts of the partnership, unless otherwise stipulated by law. Where a partner repays the partnership debt in excess of its due amount, he shall have the right to recover from other partners. If the partners bear unlimited joint liability and the amount of repayment exceeds the proportion of losses they share according to law, they have the right to recover from other partners.

legal ground

Article 699 of the Civil Code of People's Republic of China (PRC) stipulates that if there are more than two guarantors for the same debt, the guarantors shall bear the guarantee liability according to the guarantee share agreed in the guarantee contract; If there is no agreement on the share of guarantee, the creditor may request any guarantor to assume the guarantee responsibility within the scope of his guarantee.