Article 33 of the Judicial Interpretation of the Guarantee Law stipulates that if there is no agreement or unclear agreement on the performance period of the main debt in the main contract, the guarantee period shall be counted from the date when the creditor requires the debtor to perform its obligations.

If the guarantee period is stipulated in the guarantee contract, it is 6 months after the expiration of the validity period. If the agreement is unknown, it is 2 years.

Second, after the guarantee contract is invalid, the guarantor shall still bear the guarantee responsibility.

The legal liability of the guarantor of an invalid guarantee contract shall be handled according to the following circumstances:

(1) Guarantor's liability when the main contract is invalid and the guarantee is invalid, regardless of whether the main contract is invalid to the creditor or the debtor;

No matter whether the invalid result leads to the return of the original property or compensation for losses, the guarantor is not at fault and will not be liable for compensation.

(2) If the creditor has no fault when the main contract is valid and the guarantee contract is invalid, and the creditor of the main contract suffers losses due to the guarantor's invalid guarantee behavior, the guarantor shall be jointly and severally liable with the debtor according to his fault.

This kind of liability situation mainly refers to that the debtor and the guarantor violate the prohibition or mandatory provisions of the law, maliciously collude to deceive creditors and conclude a guarantee contract.

legal ground

Article 388 of the Civil Law stipulates that when establishing security interests, a security contract shall be concluded in accordance with the provisions of this Law and other laws.

Guarantee contracts include mortgage contracts and pledge contracts. The guarantee contract is a subsidiary contract of the main creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise stipulated by law.

If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults.

Three, bank loans, the borrower's use of funds is inconsistent with the contract, whether the guarantor's guarantee responsibility is established.

The guarantor is liable for joint and several loans. If the borrower fails to repay or ignores it, you have the responsibility to repay the loan and loan interest, as well as expenses, in case you don't double the interest fee and execution fee. There are two ways, one is to find a way to let me repay, and the other is to repay the guarantor, otherwise the trouble will be even greater!

Four, bank loans, the borrower's use of funds is inconsistent with the contract, is the guarantor's guarantee responsibility established?

The guarantor is liable for joint and several loans. If the borrower fails to repay or ignores it, you have the responsibility to repay the loan and loan interest, as well as expenses, in case you don't double the interest fee and execution fee. There are two ways, one is to find a way to let me repay, and the other is to repay the guarantor, otherwise the trouble will be even greater!