For more than eight years, if the bank loan guarantor has not agreed on the limitation of guarantee liability, the guarantor should be exempted from guarantee liability and need not bear legal liability. If you are in the warranty period, you need to bear the warranty responsibility. According to the relevant laws and regulations, 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 main debt performance period. During the guarantee period stipulated in the contract, if the creditor fails to bring a lawsuit against the debtor or apply for arbitration, the guarantor shall be exempted from the guarantee responsibility.

Legal analysis

For the agreed guarantee, it depends on whether it is a general guarantee or a joint guarantee. If it is a general guarantee, the guarantee period is six months from the expiration of the main debt performance period. During the guarantee period stipulated in the contract, if the bank fails to file a lawsuit against the debtor or apply for arbitration, it shall be exempted from the guarantee responsibility. If it is a joint guarantee, if the guarantor and the bank have not agreed on the guarantee period, the bank has the right to require the guarantor to assume the guarantee responsibility within six months from the date of expiration of the independent debt performance period. During the guarantee period agreed in this contract and the guarantee period stipulated by relevant laws, if the bank does not require the guarantor to undertake the guarantee responsibility, the guarantor is exempted from undertaking the guarantee responsibility. So it depends on what kind of guarantee it is and whether the repayment period agreed in the loan contract is still within the limitation of action. Guarantors are divided into general guarantor and joint guarantor. The general guarantor means that when the borrower can't repay the loan, the creditor has the right to ask the general guarantor to pay off the debt he guarantees for the borrower. Joint guarantor means that no matter whether the borrower has the ability to repay the loan or not, as long as the repayment period has passed, the creditor has the right to ask the joint guarantor to pay off the debts it guarantees for the borrower. The general guarantor or joint guarantor shall be determined according to the agreement of the parties. If it is not agreed whether it is a general guarantee or a joint guarantee, it shall be regarded as a joint guarantee.

legal ground

People's Republic of China (PRC) Civil Code

Article 692 The suretyship period is the period during which the surety assumes the suretyship responsibility, and may not be suspended, interrupted or extended. The creditor and the guarantor may agree on a guarantee period, but if the agreed guarantee period expires before or at the same time as the performance period of the principal debt, it is deemed that there is no agreement; If there is no agreement or the agreement is unclear, the guarantee period shall be six months from the date of expiration of the main debt performance period. Where the creditor and the debtor have not agreed or clearly agreed on the time limit for the performance of the principal debt, the guarantee period shall be counted from the date when the grace period for the creditor to request the debtor to perform the debt expires.

Article 693 Where the creditor of a general surety fails to bring a lawsuit against the debtor or apply for arbitration during the suretyship period, the surety is no longer liable for suretyship. If the creditor of joint and several liability guarantee fails to ask the guarantor to bear the guarantee responsibility during the guarantee period, the guarantor will no longer bear the guarantee responsibility.