Introduction: The repayment period of the change of the main contract is still within the guarantee period of the guarantor, and the guarantor still needs to bear the guarantee responsibility according to the original guarantee contract. However, after the change of the main contract, the basis of the original guarantee contract has completely changed. Because the performance period of the principal debt involves the main interests of the guarantor, the change of the repayment period will affect the actual property status of the debtor and the debtor's solvency. A company in Nanchang borrowed 3 million yuan from Nanchang Bank, mortgaged a three-story building with an estimated value of 2 million yuan, and registered the mortgage. At the request of Nanchang Bank, a company in Nanchang asked a company in Nanchang to provide guarantee for it. Nanchang Bank signed a guarantee contract with a company in Nanchang, stipulating that the guarantee period is 6 months after the expiration of the loan period. After the expiration of the loan contract, a company in Nanchang was unable to repay the loan on time due to the shortage of funds. The two parties negotiated to postpone the repayment period for six months, and solicited the opinions of a company in Nanchang to continue to provide guarantee. A unit in Nanchang agreed, but the three parties did not sign the new contract or the original contract. After the expiration of six months, due to market changes, a company in Nanchang had difficulties in operation, was insolvent and was declared bankrupt. Bank of Nanchang sued the court and asked a unit in Nanchang to pay off the loan. The first opinion is that a company in Nanchang has reached an agreement with Nanchang Bank to postpone repayment and obtained the consent of a unit in Nanchang, so a unit in Nanchang should bear the guarantee responsibility for Nanchang Bank. The second opinion is that after the change of the main contract, the extended repayment period is still within the guarantee period, and the guarantor should still bear the guarantee responsibility. The third view is that the change of the main contract needs the written consent of the guarantor in a unit in Nanchang to remain valid. Because there is no written contract between Nanchang Bank and a certain unit in Nanchang about extending the guarantee period, the loan contract after the change is no longer valid, and a certain unit in Nanchang no longer bears the guarantee responsibility. I agree with the third opinion for the following reasons: 1. Article 24 of China's Guarantee Law stipulates that if the creditor and the debtor agree to change the main contract, they shall obtain the written consent of the guarantor. Without the written consent of the guarantor, the guarantor will no longer bear the guarantee responsibility. If there are other provisions in the guarantee contract, such provisions shall prevail. In this case, after the repayment period of the loan contract expires, a company in Nanchang and Nanchang Bank reached an agreement to postpone repayment for six months through consultation. Although the two parties have not concluded a written agreement to postpone repayment, the performance period of the main contract has been changed. After a company in Nanchang reached a deferred repayment agreement with Nanchang Bank, it obtained the consent of a certain unit of the guarantor in Nanchang, but did not form a written consent document. It should be considered that it does not meet the provisions of Article 24 of the Guarantee Law, and a certain unit of the guarantor in Nanchang no longer bears the guarantee responsibility. 2. The repayment period changed in the main contract is still within the guarantee period of the guarantor, and the guarantor still needs to undertake the guarantee responsibility according to the original guarantee contract. However, after the change of the main contract, the basis of the original guarantee contract has completely changed. Because the performance period of the principal debt involves the main interests of the guarantor, the change of the repayment period will affect the actual property status of the debtor and the debtor's solvency. The main contract extends the repayment period, which objectively increases the risk of the guarantor. Therefore, after the change of the main contract, the original guarantee contract is invalid without the written consent of the guarantor. In this case, just because the extended performance period of the main contract debt is still within the guarantee period agreed in the original guarantee contract, the guarantor cannot be required to continue to bear the guarantee responsibility. Because a certain unit of the guarantor Nanchang did not issue a written opinion agreeing to continue the guarantee on the changed master contract, a certain unit of the guarantor Nanchang was exempted from the guarantee responsibility. Author: Hunan Nanchang Intermediate People's Court He Anqing Nanchang County People's Court

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.