Current location - Loan Platform Complete Network - Bank loan - How does the guarantor cancel the guarantee?
How does the guarantor cancel the guarantee?
After the suretyship contract comes into effect, the surety generally cannot revoke the suretyship, except in one of the following circumstances: First, with the consent of the creditor; Second, when the guarantee period expires, the debtor does not claim the security right; Third, when the limitation period of action secured by the principal creditor's right expires, the creditor has not claimed the creditor's right before that. If the loan guarantor wants to cancel the guarantee, it depends on the relevant regulations of the guarantor, the borrower and the lending institution when signing the loan contract. Generally speaking, there is a joint relationship between the guarantor and the borrower during the guarantee period stipulated in the contract. If the guarantee period stipulated in the loan contract expires, the guarantee relationship will be automatically dissolved after the expiration. In addition, in the process of executing the guarantee, the lender and the guaranteed party need to jointly agree to cancel the guarantee, so as to cancel the guarantee relationship in the process of executing the guarantee.

Guarantee is divided into general guarantee and joint guarantee, and their responsibilities are different:

1, general guarantee, only when the debtor is really unable to perform, can the guarantor be required to bear the responsibility.

2. Joint guarantee. At the expiration of the time limit, the creditor may require the debtor to perform the debt or require the guarantor to assume the guarantee responsibility within the scope of its guarantee.

If the guarantor wants to cancel the loan, it depends on the content of the original contract. If the guarantor is a general guarantee, there is no need to cancel the guarantee. As long as the borrower still has the property and repayment ability, the guarantor does not have to bear the repayment responsibility.

If the guarantor is a joint guarantee, then only the consent of the creditor is needed, otherwise the guarantee cannot be cancelled.

Legal basis: Article 386 of the Civil Code of People's Republic of China (PRC), if the debtor fails to perform the due debt or the parties agree to realize the security interest, the security interest holder shall be given priority in compensation for the secured property according to law, except as otherwise provided by law. Article 387 Where a creditor needs security for the realization of secured creditor's rights in civil activities such as lending, buying and selling, it may establish a security interest in accordance with the provisions of this Law and other laws. If a third party provides a guarantee for the debtor to the creditor, it may require the debtor to provide a counter-guarantee. The provisions of this law and other laws shall apply to counter-guarantee. Article 391 Where a third party provides a suretyship and the creditor allows the debtor to transfer all or part of the debt without its written consent, the surety shall no longer bear the corresponding suretyship liability. Certificate. When a citizen goes through the formalities of permanent residence transfer, the public security organ shall record the change of the address of the permanent residence of the citizen in the machine-readable item of the resident ID card and inform it.