How long is the security period of the debt

OneYes

1. If the guarantee period is not agreed, the limitation period of the guarantee shall be 6 months after the expiration of the (guaranteed debt). 2. If there is an agreed guarantee period, the agreement shall prevail.

2. Relevant provisions of the Guarantee Law.

Article 25 provides:

General Warranty. If the guarantor and the creditor have not agreed on the guarantee period, the guarantee period isSix months from the date of expiration of the performance period of the main debt

If the creditor fails to file a lawsuit or apply for arbitration against the debtor during the guarantee period agreed in the contract and the guarantee period specified in the preceding paragraph, the guarantor shall be exempted from the guarantee liability; Where the creditor has already filed a lawsuit or applied for arbitration, the provisions on the interruption of the statute of limitations shall apply to the guarantee period.

Article 26 provides.

Joint and several liability guarantee.

If the guarantor and the creditor have not agreed on the guarantee period, the creditor has the right to selfWithin six months from the date of expiration of the performance period of the main debtThe guarantor is required to bear the guarantee liability.

If the creditor does not require the guarantor to bear the guarantee liability during the guarantee period agreed in the contract and the guarantee period provided for in the preceding paragraph, the guarantor is exempted from the guarantee liability.

Guarantee refers to the system in which the law urges the debtor to perform its debts by the credit of the debtor or a third party or specific property in order to ensure that a specific creditor realizes the creditor's rights.

Judging from the content of China's security law, it should be said that the guarantee of debt refers to the method that can be used to urge the debtor to perform the debt and ensure the realization of the creditor's right based on a certain property of the parties. Guarantee in the Guarantee Law is also known as creditor's rights guarantee, debt guarantee, debt guarantee, etc. According to the law, there are five types of guarantees, namely guarantee, mortgage, pledge, lien, and deposit.

1. Bank and deposits: six months for the first time, and three months for the next month.

2. Real estate and land: two years for the first time, and one year for the renewal.

3. Equity: two years for the first time, and one year for freezing.

4. Non-tradable shares of listed companies (national shares, social legal person shares, restricted tradable shares, etc.): one year for the first time, and six months for further freezing.

5. Ordinary shares (tradable shares) of listed companies: two years for the first time, and one year for renewal.

6. Bonds: one year for the first time, and six months for renewal.

7. Vehicles: no time limit (the Vehicle Management Office of the Shanghai Municipal Public Security Bureau does not accept seizure within a time limit).

8. Machinery and equipment, goods: one year for the first time.

9. Mature creditor's rights: two years for the first time, and one year for renewal.

10. Patents and trademarks: six months each time.

The validity period of the guarantor is generally six months, unless otherwise agreed between the guarantor and the creditor. The creditor and the guarantor may agree on a guarantee period, which shall be six months from the date of expiration of the performance period of the main debt.

Article 692 of the Civil Code of the People's Republic of China.

Guarantee Period] The guarantee period is the period during which the guarantor's guarantee liability is determined, and there is no suspension, interruption or extension.

The creditor and the guarantor may agree on a guarantee period, but if the agreed guarantee period is earlier than or expires at the same time as the performance period of the principal debt, it shall be deemed that there is no agreement; If there is no agreement or the agreement is not clear, the guarantee period shall be six months from the date of expiration of the performance period of the principal debt.

Where the creditor and the debtor have not agreed on the time limit for the performance of the principal debt or the agreement is not clear, the guarantee period shall be calculated from the date on which the creditor requests the debtor to perform the debt or the time limit expires.

The maximum term of the debt guarantee is six months from the date of expiration of the debt performance period. If the guarantor and the creditor of a joint and several liability guarantee have not agreed on the guarantee period, the creditor has the right to demand that the guarantor bear the guarantee liability within six months from the date of expiration of the period for performing the debt. Article 692 of the Civil Code The guarantee period is the period during which the guarantee liability of the witness is determined, and there shall be no suspension, interruption or extension.

The creditor and the guarantor may agree on a guarantee period, but if the agreed guarantee period is earlier than or expires at the same time as the performance period of the principal debt, it shall be deemed that there is no agreement; If there is no agreement or the agreement is not clear, the guarantee period shall be six months from the date of expiration of the performance period of the principal debt. If the creditor and the debtor have not agreed on the time limit for the performance of the principal debt or the agreement is not clear, the guarantee period shall be calculated from the date of the expiration of the grace period for the creditor to request the debtor to perform the debt.

Legal analysis: The maximum term of the guarantee period for creditor's rights is six months from the date of expiration of the period of debt performance and disadvantages. If the guarantor and the creditor of a joint and several liability guarantee have not agreed on the guarantee period, the creditor has the right to demand that the guarantor bear the guarantee liability within six months from the date of expiration of the period for performing the debt.

Legal basis: Article 692 of the Civil Code of the People's Republic of China The guarantee period is the period during which the guarantor is determined to bear the guarantee liability, and there is no suspension, interruption or extension. The creditor and the guarantor may agree on a guarantee period, but if the agreed guarantee period is earlier than or expires at the same time as the performance period of the principal debt, it shall be deemed that there is no agreement or the agreement is not clear, and the guarantee period shall be six months from the date of the expiration of the performance period of the principal debt.

Where there is no agreement between the creditor and the debtor on the time limit for the performance of the principal debt or the agreement is not clear, the guarantee period shall be calculated from the date on which the grace period for the creditor to request the debtor to perform the debt expires.

Legal analysis: The maximum term of the guarantee period for creditor's rights is six months from the date of expiration of the debt performance period. If the guarantor of the joint and several liability guarantee and the creditor have not agreed on the guarantee period, the creditor has the right to request the guarantor to bear the guarantee liability within six months from the date of the expiration of the debt performance period.

Legal basis: Article 692 of the Civil Code of the People's Republic of China The guarantee period is the period during which the guarantor's guarantee liability is determined, and there is no suspension, interruption or extension. The creditor and the guarantor may agree on a guarantee period, but if the agreed guarantee period is earlier than or expires at the same time as the performance period of the principal debt, it shall be deemed that there is no agreement or the agreement is not clear, and the guarantee period shall be six months from the date of the expiration of the performance period of the principal debt.

Where there is no agreement between the creditor and the debtor on the time limit for the performance of the principal debt or the agreement is not clear, the guarantee period is calculated from the date on which the grace period for the creditor to request the debtor to perform the debt expires.

Legal analysis: The creditor and the guarantor may agree on the guarantee period, but if the agreed guarantee period is earlier than or expires at the same time as the performance period of the main debt, it is deemed that there is no agreement; If there is no agreement or the agreement is not clear, the guarantee period shall be six months from the date of expiration of the performance period of the principal debt.

Legal basis: Civil Code of the People's Republic of China

Article 387:Where a creditor needs security in order to ensure the realization of its creditor's rights in civil activities such as lending or trading, it may create a security interest in accordance with the provisions of this Law and other laws.

Where a third party provides security to the creditor for the debtor, the debtor may be required to provide a counter-guarantee. Counter-guarantees shall be governed by the provisions of this Law and other laws.

Article 394:Where the debtor or a third party mortgages the property to the creditor without transferring the possession of the property in order to guarantee the performance of the debt, and the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, the creditor has the right to be repaid in priority for the property.

The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the guarantee is the mortgaged property.

Article 425:Where the debtor or a third party pledges its movable property to the creditor for the purpose of guaranteeing the performance of the debt, and the debtor fails to perform the due debt or the parties agree to realize the pledge, the creditor has the right to be repaid in priority.

The debtor or third party provided for in the preceding paragraph is the pledgee, the creditor is the pledgee, and the movable property delivered is the pledged property.

Legal analysis: The creditor has the right to request the guarantor to bear the guarantee liability within six months from the date of expiration of the debt performance period. The guarantee of the creditor's right is not permanent, but will end with the end of the creditor's right, but the guarantee of the creditor's right itself has certain responsibilities, and the guarantee of the creditor's right of others must be considered clearly.

Legal basis: Civil Code of the People's Republic of China

Article 692:The guarantee period is the period during which the guarantor's guarantee liability is determined, and there is no suspension, interruption, or extension.

The creditor and the guarantor may agree on a guarantee period, but if the agreed guarantee period is earlier than or expires at the same time as the performance period of the principal debt, it shall be deemed that there is no agreement; If there is no agreement or the agreement is not clear, the guarantee period shall be six months from the date of expiration of the performance period of the principal debt.

Where the creditor and the debtor have not agreed on the time limit for the performance of the principal debt or the agreement is not clear, the guarantee period shall be calculated from the date of expiration of the grace period for the creditor to request the debtor to perform the debt.

Article 693:Where the creditor of a general guarantee fails to file a lawsuit against the debtor or apply for arbitration during the guarantee period, the guarantor shall no longer bear the guarantee liability.

If the creditor of the joint and several liability guarantee fails to request the guarantor to bear the guarantee liability during the guarantee period, the guarantor shall no longer bear the guarantee liability.

Article 694:Where a creditor of a general guarantee files a lawsuit against the debtor or applies for arbitration before the expiration of the period of holding the guarantee, the statute of limitations for the guarantee debt shall be calculated from the date on which the guarantor's right to refuse to bear the guarantee liability is extinguished.

Where the creditor of a joint and several liability guarantee requests the guarantor to assume the guarantee liability before the expiration of the guarantee period, the statute of limitations for the guarantee debt shall be calculated from the date on which the creditor requests the guarantor to assume the guarantee liability.