Legal basis: Civil Code of People's Republic of China (PRC).
Article 681 A suretyship contract is a contract in which the surety and the creditor agree that the surety shall perform the debt or assume the liability when the debtor fails to perform the due debt or the circumstances agreed by the parties occur.
Article 682 A suretyship contract is a subsidiary contract of the principal creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, except as otherwise provided by law.
If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults.
Article 683 A legal person organ may not be a guarantor, except that it provides loans for the use of loans from foreign governments or international economic organizations with the approval of the State Council.
Non-profit legal persons and unincorporated organizations aiming at public welfare shall not be guarantors.
Article 684 The contents of a suretyship contract generally include the type and amount of the principal creditor's rights to be secured, the time limit for the debtor to perform the debt, the way, scope and period of suretyship, etc.
Article 685 A suretyship contract may be a separate written contract or a suretyship clause in the principal creditor's rights and debts contract.
If the third party unilaterally makes a written guarantee to the creditor, and the creditor accepts it without raising any objection, the guarantee contract is established.