1. How does the guarantor terminate the guarantee?
After the suretyship contract comes into effect, the surety shall generally not revoke the suretyship, but in any of the following circumstances, the security interest shall be extinguished:
1, with the consent of creditors.
2. When the guarantee period expires, the creditor fails to claim the security right within the guarantee period.
3. The creditor fails to claim the creditor's rights before the expiration of the limitation period of the secured principal creditor's rights.
Second, the types of guarantees
1, general guarantee, only when the debtor is really unable to perform, can the guarantor be required to bear the responsibility.
2. Joint guarantee. At the expiration of the time limit, the creditor may require the debtor to perform the debt or require the guarantor to assume the guarantee responsibility within the scope of its guarantee.
If the guarantor wants to cancel the loan, it depends on the original contract. If the guarantor is a general guarantee, there is no need to cancel the guarantee. As long as the borrower still has the property and repayment ability, the guarantor does not have to bear the repayment responsibility.
If the guarantor is a joint guarantee, then only the consent of the creditor is needed, otherwise the guarantee cannot be cancelled.
Three. Provisions on the establishment of guarantors
1. The guarantor has the qualifications stipulated by law, that is, meets the required conditions:
① It has nothing to do with this case;
Enjoy political rights and personal freedom is not restricted;
(3) having permanent residence and permanent residence in the local area;
(4) Having the ability to perform the guarantee obligations.
(5) There is no obvious record of breach of contract.
2. The guarantor and the creditor shall conclude a guarantee contract in writing.
4. How does the guarantor not assume responsibility?
The guarantor shall not be liable under the following circumstances:
(1) If the guarantee contract is invalid, the guarantor will be partially exempted.
(2) The guarantor shall not bear civil liability under any of the following circumstances:
1, the parties to the main contract maliciously colluded to defraud the guarantor to provide guarantee;
2. The creditor of the contract uses fraud, coercion and other means to make the guarantor provide a guarantee against his true meaning.
(3) Exemption due to changes in the contents of the main contract. Where 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.
(4) Exempt from warranty liability because the warranty contract is not established.
(5) Exemption from warranty liability due to improper behavior of both parties to the main contract or jointly with a third party. During the guarantee period, if the creditor allows the debtor to transfer the debt, it shall obtain the written consent of the guarantor, and the guarantor shall no longer bear the guarantee responsibility for the debt transferred without his consent.
(6) Exemption beyond the warranty period.
(seven) the debt or guarantee exceeds the limitation of action, and the guarantor does not have to bear the guarantee responsibility.
Legal basis:
civil law
Article 69 1
The scope of guarantee includes the principal creditor's right and its interest, liquidated damages, damages and the expenses for realizing the creditor's right. Unless otherwise agreed by the parties, such agreement shall prevail.