Article 12 Where 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.
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 Where the parties agree in the suretyship contract that the guarantor and the debtor shall be jointly and severally liable for the debts, it is a suretyship of joint liability. If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, 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.
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.
Article 20 A guarantor of a general guarantee and a joint and several liability guarantee enjoys the debtor's right of defense. If the debtor waives the right of defense against the debt, the guarantor still has the right of defense. The right of defense refers to the creditor's right to exercise his claim against the creditor according to legal reasons when exercising his creditor's rights.
Article 21 The scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing creditor's rights. Unless otherwise agreed in the guarantee contract, in accordance with Article 25 of this contract, if the guarantor of general guarantee and the creditor have not agreed on the guarantee period, the guarantee period shall be six months from the date of the expiration of the performance period of the principal debt. If the creditor fails to bring a lawsuit or apply for arbitration to the debtor during the guarantee period stipulated in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee liability; If the creditor has filed a lawsuit or applied for arbitration, the provisions on interruption of limitation of action shall apply during the guarantee period.
Article 26 If the guarantor and the creditor of joint and several liability guarantee have not agreed on the guarantee period, the creditor has the right to require the guarantor to assume the guarantee responsibility within six months from the expiration of the independent debt performance period. If the creditor fails to require the guarantor to assume the guarantee responsibility during the guarantee period agreed in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee responsibility. Article 30 A guarantor shall not bear civil liability under any of the following circumstances: (1) The parties to the main contract collude to defraud the guarantor of providing a guarantee; (two) the creditor of the main contract uses fraud, coercion and other means to make the guarantor provide a guarantee against the true meaning.
Article 31 A surety shall have the right to recover from the debtor after assuming the suretyship liability.
Article 32 After the people's court accepts the debtor's bankruptcy case, if the creditor fails to declare his creditor's rights, the guarantor may participate in the distribution of bankrupt property and exercise the right of recourse first.