The guarantor of a bank loan shall bear the following guarantee responsibilities:
1. As the guarantor of the general guarantee responsibility, he has the priority right of defense. That is to say, before the debtor's property can't be performed after being enforced by the court, the guarantor can refuse to undertake the guarantee responsibility to the creditor.
2. As a guarantor of joint and several liability, he shall bear the same repayment liability as the debtor and shall not enjoy the right of defense. That is, regardless of whether the debtor has property or not, the guarantor has the obligation to undertake the guarantee responsibility and repay the debt to the creditor.
3. If a specific property (real estate, etc.). ) is mortgaged to provide a guarantee, when the debtor fails to perform the debt, the credit cooperative can apply to the court for auction and sale of the property, and the property will be paid in priority.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 687 General Guarantee refers to the guarantee that the guarantor shall bear the guarantee liability when the debtor fails to perform the debt, as stipulated by the parties in the guarantee contract. The guarantor of a general guarantee has the right to 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, except in one of the following circumstances:
(1) The debtor's whereabouts are unknown and there is no property available for execution;
(2) The people's court has accepted the bankruptcy case of the debtor;
(3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or cannot perform debts;
Article 688 Where the parties stipulate in the suretyship contract that the surety and the debtor shall be jointly and severally liable for the debts, it is a suretyship of joint liability. When the debtor of joint and several liability guarantee fails to perform the due debt or the circumstances agreed by the parties occur, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.