fold Edit this paragraph Basic introduction
Item: Guarantee
Conformal nourishing town analysis Xi Hu Yin: b, C, C
Synonyms:
Sing sure
Guarantee [b B zhang]
Guarantee [no one tea reading scripture set but not the people]
antonym
Negation [f lacing]
fold Basic interpretation
1. Persons or things acting as guarantors. 2. Guarantee; Guarantee it.
fold Edit this paragraph assuredSpecial talk about the south pro back crackway
Article 16 of the Security Act provides that the forms of security include general security and joint and several liability security.
fold General warranty
General guarantee refers to the agreement between the guarantor and the creditor that when the debtor fails to perform the debt, the guarantor assumes the guarantee responsibility. The most important characteristic of the general guarantee is that the guarantor enjoys the right of first appeal and defense. The so-called first appeal defense right means that the guarantor of the general guarantee can refuse to bear the guarantee liability to the creditor before the main contract dispute is not tried or arbitrated, and the debtor's property is enforced according to law and still cannot perform the debt. At the same time, the creditor can only ask the guarantor to bear the guarantee liability after the debtor makes the request to perform the debt before the lawsuit, and the guarantor has the right to reject its claim. The creditor must claim the creditor's right to the debtor through legal channels and be enforced by the court, which is the premise of requiring the guarantor to bear the guarantee responsibility.
The right of first appeal defense is one of the rights of the guarantor, which the guarantor can either choose to exercise or abandon. However, it should be noted that in the following circumstances, regardless of the subjective intention of the guarantor, the guarantor shall not exercise the right of first appeal defense:
(1) The change of the debtor's domicile causes major difficulties for the creditor to require it to perform its debts;
(2) The people's court accepts the debtor's bankruptcy case and suspends the execution procedure;
(3) The guarantor waives the right to refuse to assume the guarantee liability in writing.
fold Joint and several liability guarantee
Joint and several liability guarantee refers to the agreement between the guarantor and the creditor that the guarantor and the debtor bear joint and several liability for the debt. If the debtor of the joint and several liability guarantee fails to perform the debt at the expiration of the time limit for the performance of the debt as stipulated in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the liability of the guarantor within the scope of his guarantee. That is to say, as long as the debtor fails to perform the debt at the expiration of the first eye cold, the creditor can either require the debtor to perform the debt, or directly require the guarantor to bear joint and several guarantee liability, that is, in the joint and several guarantee liability, the guarantor does not have the right to plead first, and its assumption of guarantee liability is no longer based on the premise that the creditor first teaches the debtor to perform the debt.
The Guarantee Law clearly stipulates: "If the parties do not agree on the guarantee method or the agreement is not clear and accurate, they shall bear the guarantee liability according to the joint and several liability guarantee."
fold Edit this paragraph baoThe bottom is afraid of the ancient thick officials scratching feetEstablishment of certificate
The guaranty shall be established through the conclusion of the guarantee county end stability certificate contract. The contract shall be in the form of a written version of the reverse section. The parties may conclude a separate warranty contract, or they may agree on a warranty clause in the main contract and the warranty clause can be modified and signed by the guarantor. The guarantee letter issued by the guarantor to the creditor is also a form of warranty contract. The contents of a guaranty contract shall include: the type and amount of the principal creditor's right guaranteed; The time limit for the debtor to perform its obligations; The manner of warranty; The extent of the guarantee; The period during which the magnetic discontinuation certificate is guaranteed; Other matters deemed necessary by both parties. [1]
