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The guarantor shall bear the guarantee responsibility according to law, such as (1) general guarantee. Then the creditor needs to ask the debtor's heir to repay within the scope of inheriting the property; (2) Joint guarantee. The creditor may directly demand repayment from the guarantor.
Article 16 The guarantee methods are: (1) General guarantee; (2) Joint and several liability guarantee. Article 17 If the parties agree in the suretyship contract that the surety shall bear the suretyship liability when the debtor fails to perform the debt, it is a general suretyship. The guarantor of a general guarantee may refuse to undertake the guarantee liability to the creditor before the main contract dispute has been tried or arbitrated and the debtor's property has been enforced according to law.
Under any of the following circumstances, the guarantor shall not exercise the rights stipulated in the preceding paragraph: (1) the debtor's domicile changes, and it is difficult for the creditor to ask him to perform his debts;
(2) The people's court accepts the bankruptcy case of the debtor and suspends the execution procedure;
(3) The guarantor waives the rights stipulated in the preceding paragraph in writing.
Article 18 If the parties stipulate in the suretyship contract that the surety and the debtor shall be jointly and severally liable for the debts, they shall
Joint liability guarantee. The debtor of joint and several liability guarantee fails to perform when the debt performance period agreed in the main contract expires.
When a debt occurs, the creditor may require the debtor to perform the debt or the guarantor to bear it within the scope of its guarantee.
Take the responsibility of guarantee.
Article 19 If the parties have not agreed on the method of guarantee or the agreement is unclear, they shall bear the guarantee liability according to the joint and several liability guarantee.
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