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Guarantee to a friend, what should be the guarantee period?

Time: 2018-05-14         Source: Snail 侃 Finance         Author: Kan snail Finance

1. According to the "Guarantee Law", if the guarantor and the creditor of the general guarantee have not agreed on the guarantee period, the guarantee period shall be 6 months from the expiration of the performance period of the main debt.


2. If the guarantor of the joint guarantee fails to agree with the creditor for the guarantee period, the creditor shall have the right to request the guarantor to assume the guarantee responsibility within 6 months from the expiration of the performance period of the independent debt.

3. If the time limit agreed in the contract is earlier than or equal to the time limit for the performance of the main debt, it shall be deemed that there is no agreement, and the guarantee period shall be 6 months from the expiration of the performance period of the main debt.

4. If the main contract does not stipulate the term of the main debt or the agreement is unclear, the guarantee period shall be calculated from the expiration of the grace period for the creditor to require the debtor to perform its obligations.

5. Assuring the contract stipulates that the guarantor assumes the guarantee responsibility until the principal and interest of the principal debt is repaid, and the similar content is deemed to be unclear. The guarantee period shall be two years from the expiration of the main debt performance period.

6. If the guarantee period is clearly stipulated in the guarantee contract and does not belong to the third situation mentioned above, the guarantee period shall be subject to the agreement in the guarantee contract.

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