1. After the borrower pays off the loan, the guarantor automatically releases the guarantee responsibility. 2. With the consent of the lending bank, the guarantor may be replaced.

2. Can the guarantor be replaced?

Of course.

Whether the guarantor can be changed depends on the situation. If it is a guarantor, it usually exists when both parties sign a loan contract. At this time, if they want to change, they can negotiate with each other. If they all agree, they can change the guarantor.

The legal basis is the Civil Code of People's Republic of China (PRC).

Article 226 Where the creditor has occupied the chattel before the establishment and transfer of the real right of the chattel, the real right shall take effect from the time when the civil juristic act takes effect.

Article 227 Where a third party occupies the chattel before the establishment and transfer of the real right of the chattel, the person who has the obligation to deliver it may request the third party to return the original property through transfer instead of delivery.

3. Can the guarantor be replaced halfway?

The supplier can change halfway, and the guarantor can change halfway after reaching an agreement, and the change must be approved by the creditor.

1. During the validity of the loan contract, the lender shall not change the guarantor without authorization. If there is any change, you should apply to the bank and obtain the bank's permission.

2. If the bank does not agree to change, it can only perform the original guarantee agreement, and the original guarantee bank agrees to change the guarantor. Banks need to check whether the guarantor has the guarantee ability, and the new guarantor will take effect after re-signing the guarantee agreement.

The so-called guarantee means that when the borrower cannot repay the loan, the guarantor will bear the repayment responsibility, so that the risk of the lender will be reduced. Generally speaking, lenders have requirements for borrowers and guarantors, and different types and amounts of loans have different qualifications for guarantors.

Legal basis:

civil law

Article 386

When the debt or security interest agreed by the parties is realized, the security interest holder shall have the priority to be compensated for the secured property according to law, except as otherwise provided by law.

Article 388

To establish a security interest, a security contract shall be concluded in accordance with the provisions of this Law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with guarantee functions. According to the contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, except as otherwise provided by law.

After the guarantee contract is confirmed to be invalid, if there is fault in the debt, it shall bear corresponding civil liability according to its fault.

Article 39 1

Where a third party provides a guarantee and the creditor allows the debtor to transfer all or part of the debt without its written consent, it shall bear the guarantee liability.

Article 543

If the parties reach an agreement through consultation, the contract may be changed.

4. Can the guarantor be replaced?

The guarantor can be replaced halfway, but it needs to be agreed by the parties through consultation. If the creditor, the debtor and the guarantor reach an agreement through consultation, the guarantor may be replaced. The guarantor must meet the following conditions: 1, which is irrelevant to the case; 2. Have the ability to fulfill the guarantee obligations; 3, enjoy political rights, personal freedom is not restricted; 4. Have a fixed residence and income. The characteristics of the guarantee are as follows: 1. Guarantee is subordinate and forms a master-slave relationship with the guaranteed debt. The guaranteed debt is a subsidiary debt, the guarantee contract is a subsidiary contract of the main contract, and the guaranteed debt is a subsidiary debt of the main debt; 2. The guarantee is relatively independent. Although the secured debt is subordinate to the main debt, it exists according to the existence of the main debt and disappears with the elimination of the main debt. The guarantee contract is a separate contract independent of the main contract, and the guarantee debt is a separate debt independent of the main debt. 3. The guarantee is free, and the guarantee contract is free. In the guarantee relationship, the creditor enjoys the guaranteed creditor's rights without paying a certain price, and the guarantor assumes the guaranteed debt without obtaining a certain price from the creditor. Legal basis: Article 70 of the Criminal Procedure Law of People's Republic of China (PRC), the guarantor shall perform the following obligations: (1) Supervise the guarantor to abide by the provisions of Article 71 of this Law; (2) If it is discovered that the warrantee may or has violated the provisions of Article 71 of this Law, it shall promptly report to the executing organ. If the warrantee violates the provisions of Article 71 of this Law and the warrantor fails to perform his guarantee obligations, he shall be fined, and if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.