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The guarantor waives or mitigates the liability of several cases

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

The guarantee responsibility is borne by the guarantor of the contract, which is the responsibility of the guarantor for the nature of a debt that the creditor assumes, which is different from the general liability of the debt and is different depending on the way of guarantee. The contents of the guarantee responsibility can be divided into two categories: on behalf of the performance of liability and liability for damages. On behalf of the performance of the responsibility is that when the main debtor does not perform the debt, the guarantor instead of the debtor, to the debtor to fulfill the debtor's debt. Damage liability means that the guarantor is responsible for the form of liability when the principal debtor gives damage to the right holder and can not compensate. There are several reasons to ensure that liability is eliminated:

(A) the main creditor's rights to eliminate. The guarantee of the debt is subordinated to the main creditor's rights, and the main creditor's rights are eliminated by reason of settlement, deposit, cancellation, exemption, confiscation and so on. The guarantee of the existence of the debt is lost and the guarantee of the guarantor is naturally destroyed.
(B) the transfer of the principal debt to the third person without the consent of the guarantor. Since the guarantee of a strong personal, credit, guarantor generally only for a specific debtor to provide security, the main debt once the transfer, without the consent of the guarantor, the guarantor and the new debtor has no trust relationship, let it bear The obligation to guarantee is unfair. Therefore, Article 23 of the Guarantee Law of the People's Republic of China stipulates that "the creditor shall, if the creditor permits the debtor to transfer the debt, obtain the written consent of the guarantor, and the guarantor shall no longer assume the guarantee responsibility for the debt without the consent of the guarantor."
(3) The creditor and the debtor agree to change the master contract without the consent of the guarantor. Article 24 of the "Guarantee Law" stipulates that "if the creditor and the debtor agree to change the main contract, the guarantor shall obtain the written consent of the guarantor.With the written consent of the guarantor, the guarantor shall no longer assume the guarantee responsibility.When the contract is otherwise agreed, The
(D) the guarantee period expires and the creditor is not required. The existence of any right has a certain period of time, the creditor's right to the guarantor is a specific claim, in the guarantee period exists. In the guarantee period, if the creditor does not claim the right, the expiration of the guarantee period, guarantee the debt to extinction, the guarantor no longer bear the responsibility.
(5) to guarantee the termination or termination of the contract. To ensure that the contract is an independent debt and debt relationship, but also by the creditors and the guarantor of the consent, so that the guarantee contract to eliminate; or agreed to a certain condition of achievement, one party has the right to terminate or terminate the contract, so that the guarantee contract does not take effect.
(6) the guarantor to fulfill the guarantee of debt. The guarantor in accordance with the guarantee contract to assume the responsibility of the act, so that the creditor's creditor's rights can be achieved to ensure that the debt attributed to the eradication.

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