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Several circumstances in which the guarantor exempts or mitigates the warranty

Time: 2013-12-06         Source: Rong 360 finishing         Author: Yu Yu

The guarantee responsibility is born because the guarantee contract is a debt-type liability of the guarantor to the creditor. This responsibility has different characteristics from the general debt liability and varies according to the guarantee method. The contents of the guarantee responsibility can be divided into two types: fulfilling the responsibility and liability for damages. The performance of responsibility means that when the main debtor fails to perform the debt, the guarantor replaces the debtor and performs the debtor's debt to the creditor. Liability for damages refers to the form in which the guarantor assumes liability when the main debtor brings damage to the right holder and cannot compensate. There are several reasons for ensuring the elimination of responsibility:

(1) The main creditor's right is eliminated. The guaranteed debt is subordinated to the main creditor's right, and the main creditor's right is eliminated due to the reasons of liquidation, surrender, offset, exemption, and mixed. The basis for the existence of the guaranteed debt disappears, and the guarantee responsibility of the guarantor is naturally destroyed.
 
(2) The main debt is transferred to a third party without the consent of the guarantor. Since the guarantee has strong personal and creditworthiness, the guarantor generally only provides guarantee for the specific debtor. Once the main debt is transferred, the guarantor has no trust relationship with the new debtor without the consent of the guarantor. The guarantee responsibility is obviously unfair. Therefore, Article 23 of China's Guarantee Law stipulates: “When the creditor permits the debtor to transfer the debt during the guarantee period, the guarantor shall obtain the written consent of the guarantor. The guarantor no longer assumes the guarantee responsibility for the debt transferred without its consent”.
 
(3) The creditor and the debtor agree to change the main contract without the consent of the guarantor. Article 24 of China's "Guarantee Law" stipulates: "If the creditor and the debtor agree to change the main contract, the guarantor's written consent shall be obtained. Without the written consent of the guarantor, the guarantor will no longer bear the guarantee responsibility. If the contract is otherwise agreed, the agreement shall be followed." .
 
(4) The guarantee period expires and the creditor does not make a request. The existence of any right has a certain period of time, and the creditor’s right to the guarantor’s right is a specific claim and exists within the period of validity. If the creditor does not claim the right within the guarantee period, the guarantee period expires, the guarantee debt is destroyed, and the guarantor no longer bears the responsibility.
 
(5) Guarantee the termination or termination of the contract. The guarantee contract is an independent creditor-debt relationship, and the guarantee contract can be eliminated according to the agreement of the creditor and the guarantor; or when a certain condition is fulfilled, one party has the right to terminate or terminate the contract, so that the guarantee contract does not take effect from the beginning.
 
(6) The guarantor performs the guarantee debt. The guarantor assumes the responsibility of guarantee in accordance with the guarantee contract, so that the creditor’s creditor’s rights can be realized and the debt is guaranteed to be eliminated.

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