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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 provisions of the "Guarantee Law", if the guarantor and the creditor of the general guarantee do not agree on a guarantee period, the guarantee period shall be six months from the date of the expiration of the period for fulfilling the main debt.


2. If the guarantor of the joint guarantee does not agree with the creditor for the guarantee period, the creditor shall have the right to request the guarantor to assume the guarantee responsibilities within 6 months from the date of expiry of the period for fulfilling the obligation.

3. It is deemed that there is no agreement that the period agreed upon in the contract is earlier than or equal to the time limit for performance of the main debt. The period of the guarantee period shall be six months from the date when the performance period of the main debt expires.

4. If the main contract does not have an agreed term for the performance of the main debt or the agreement is unclear, the guarantee period shall be calculated from the date on which the creditor requests the debtor to fulfill its obligations.

5. Guarantee that the contract guarantor assumes the responsibility of guarantee until the principal debt is repaid, etc. It is regarded as an unclear agreement, and the guarantee period is two years from the date of maturity of the main debt.

6. Ensure that the warranty period is clearly stipulated in the contract, and if it does not belong to the above-mentioned third case, the warranty period shall prevail in the guarantee contract.

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