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Can non-government borrowers list joint guarantors as defendants?

Time: 2018-01-14         Source: Luo Ye law         Author: Luo Ye law

First, private lending can be co-sponsor as a defendant it

Article 53 of the Opinion of the Supreme People's Court on the Opinions on Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China stipulates: "Where a creditor files a lawsuit against a guarantor and a guarantor for claims in connection with a guarantor's contract dispute, the people's court shall The guarantor and the guarantor are listed as co-defendants: when the obligee sue the guarantor only, the guarantor shall be informed by the people's court to participate in the lawsuit as a joint defendant unless the guarantor stipulates that the guarantor shall be jointly and severally liable. The obligee may only sue the guarantor but may only be listed The guarantor is the defendant. "

       

Second, discuss the debt officer should pay attention to what

(A) debt dispute prosecution, attention to the limitation of action.

Article 135 of China's "General Principles of Civil Law" stipulates: "The limitation of action for requesting civil people's rights for protection from civil proceedings for a period of two years". Article 140 states: "The limitation of action is interrupted by the filing of a lawsuit by one of the parties requesting or consenting to performance of the obligation, since the interruption, the recalculation of the limitation of action". To this end, creditors should pay full attention to this point, otherwise the statute of limitations over time, claims lose the legal protection.

(B) the prosecution of debt disputes, attention to the guarantee period.

Where the general guarantor and the creditor do not agree on the guarantee period, the guaranty period shall be 6 months from the expiration of the performance of the main debt. During the guarantee period stipulated in the contract and the guarantee period stipulated in the preceding paragraph, the creditor fails to institute legal proceedings against the debtor or apply for arbitration , The guarantor is exempt from the guarantee responsibility. This means that during the creditors not only require the guarantor to bear the responsibility, but also must bring the debtor proceedings or arbitration, or the guarantor exempt from responsibility.

The joint guarantor and the creditor have not agreed on the guarantee period. Creditors have the right to self-fulfill the obligations of the completion of the door within 6 months, the guarantor is required to assume the responsibility to guarantee that during the period of the contract and the guarantee period specified in the preceding paragraph, the creditor does not require the guarantor to assume the responsibility, the guarantor exempt from the guarantor. This means that during the period if the creditor does not require the guarantor to assume the responsibility, then guarantor liability will be waived after that period.

(C) the prosecution of debt disputes, the deadline for the implementation of the implementation.

According to the effective legal instruments, creditors enjoying rights may request the people's court to enforce the law in accordance with the law when the debtor refuses to perform his obligations. However, the right of execution of the application must be exercised within the time limit of the application.

(D) debt dispute prosecution, improve evidence collection.

Evidence of litigation plays an important role in civil litigation, and creditors can prove the correctness and legitimacy of pleading claims only by virtue of evidence. Therefore, in economic activities, creditors must pay attention to the preservation of documentary documents, documents, various types of contractual documents, documentary evidence such as all kinds of documents, bills and telegrams, as well as the collection of audio-visual materials such as telephone evidences and telephone records.

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