1. If the contract is valid and formal, the guarantor needs to repay according to the contents agreed in the contract;
2. If the guarantor fails to repay the loan to the court, he has the right to freeze the property under his personal name until the borrower repays the loan;
3. If the guarantor doesn't repay, it will be hacked by the bank after a certain period of time.
Under any of the following circumstances, the guarantor shall not exercise the rights specified in the preceding paragraph:
1. The debtor's domicile changes, and it is difficult for the creditor to ask him to perform the debt;
2. The people's court accepts the debtor's bankruptcy case and suspends the execution procedure;
3. The guarantor waives the rights stipulated in the preceding paragraph in writing.
Relevant laws and regulations have certain requirements and restrictions on the guarantor:
1. The guarantor needs to have the ability to repay debts for the debtor, and also needs to be a legal person, other organization or citizen. Only by meeting such conditions and identity can he be a guarantor. At the same time, if you can't buy a legal person, other organization or natural person who can't fully repay the debt, and they are the guarantors after the contract is signed, then the court can't support it by asking for exemption from their guarantee liability on the pretext of their inability to repay.
2. As a guarantor, it can also be a special state of citizens according to the relevant provisions of the civil law, such as individual industrial and commercial households, rural contracted households, etc., and can also be used as a guarantor.
There are specific requirements for other organizations that act as guarantors. It can be a wholly-owned enterprise or a partnership enterprise registered according to law and obtained relevant business licenses; It can also be a joint venture registered according to law and obtained a business license; Or a Chinese-foreign cooperative enterprise, but it is also required to be registered according to law and obtain a business license; There are also social organizations that have been verified and registered by the civil affairs department, and they can also be used as other qualified organizations; It can also be a township, street or village-run enterprise. As long as it is verified and registered to obtain a business license, it can be used as a guarantor.
4. Being a guarantor is a requirement of an enterprise as a legal person. If it is a branch of an enterprise as a legal person and has not been authorized by the legal person in writing as a guarantor, such a legal person guarantee will not be established and the guarantee contract will be useless. If there is also a guarantee provided by the functional department of the enterprise as a legal person, the guarantee contract is invalid.
5. As a guarantor, it should be noted that a public institution or social organization for the purpose of public welfare cannot act as a guarantor, but if it is a public institution or social organization engaged in business activities as a guarantor, the guarantee agreement signed by it is effective if there are no other circumstances that invalidate the guarantee agreement.
6. In the process of accepting loans from foreign governments or international economic organizations, state organs can become guarantors with the approval of the State Council. In other cases, state organs cannot be allowed to become guarantors.
To sum up, the forms of surety's undertaking suretyship responsibility include performing debts on behalf of the guarantor and undertaking liabilities for non-performance, which can be transformed into each other under certain conditions. Where the surety contract stipulates that the surety shall perform the non-monetary debts on his behalf, and the surety cannot actually perform the non-monetary debts on his behalf, the surety shall be liable for the losses caused by the creditor.
Legal basis:
Article 686 of the Civil Code of People's Republic of China (PRC)
The guarantee methods include general guarantee and joint liability guarantee.
If the parties have not agreed on the way of guarantee or the agreement is unclear in the guarantee contract, they shall bear the guarantee liability according to the general guarantee.
Article 687
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.
Article six hundred and eighty-eight
If the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint liability guarantee.