Current location - Loan Platform Complete Network - Loan consultation - All three people are friends' loan guarantees. If the debtor dies and some guarantors don't want to pay back, can they ask for the same amount of debt and only pay back their share?
All three people are friends' loan guarantees. If the debtor dies and some guarantors don't want to pay back, can they ask for the same amount of debt and only pay back their share?
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 liability, and the creditor may require any guarantor to bear all the guarantee liability, and the guarantor is obliged to ensure the realization of all the creditor's rights. 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.

(1) In the case of general guarantee liability, the guarantor has the right of first appeal. The borrower's legacy should be used to repay the arrears first. If the borrower's estate cannot be fulfilled after compulsory execution by the court, the guarantor shall bear the repayment responsibility. (2) In the case of joint and several liability guarantee, the guarantor and the borrower bear the same repayment responsibility and do not enjoy the right of defense. That is, regardless of whether the debtor has an inheritance or not, the guarantor has the obligation to bear all the responsibilities and repay the debt to the creditor. In joint guarantee, the guarantor and the principal debtor are jointly and severally liable. Within the scope of guarantee, the creditor may choose to claim compensation from the debtor, the guarantor or both. No matter who the creditor chooses, neither the debtor nor the guarantor has the right to refuse.

Hope to adopt, thank you!