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According to China's Guarantee Law and relevant judicial interpretations, there are two types of guarantees: general guarantees and joint and several guarantees, and general guarantees enjoy the right to defend in the first instance, that is to say, before the dispute over the main contract has not been adjudicated by the people's court or an arbitration institution, and the debtor's property is still unable to be performed in accordance with the law, it can claim against the creditor of the main contract, that is, the creditor of the guarantee contract, to refuse to bear the guarantee liability. It should be noted that if the guarantee period agreed in the guarantee contract is six months from the date of expiration of the performance period of the contract, and if the contract creditor does not claim rights against the main debtor of the contract and files a lawsuit or arbitration, the guarantor shall not bear the guarantee liability if the guarantee period agreed in the contract and the statutory guarantee period (6 months) are filed. If the creditor claims its rights against the principal debtor within the guarantee period, the statute of limitations for the guarantee contract (two years) shall be calculated from the date on which the judgment or award takes effect, and the principal creditor, i.e., the guarantee creditor, may claim its guarantee liability against the guarantor within two years.
Where the statute of limitations has expired, the people's court shall not grant compulsory protection and ensure the debtor's voluntary performance shall be recognized by the law. Clause.
2. Joint and several guarantees, the guarantor of the joint and several guarantee does not have the right to defend in the first instance, that is, after the expiration of the performance period of the main contract, the creditor may request the guarantor to assume the guarantee liability within the guarantee period or statutory period (6 months) agreed in the guarantee contract. If the guarantor fails to perform, the creditor may list the guarantor and the debtor of the main contract as co-defendants and demand joint and several liability. In addition, in accordance with Article 30 of the Guarantee Law and Article 40 of the Interpretation of Guarantees:
Where the debtor of the main contract uses fraud, coercion or other means to cause the guarantor to provide the guarantee contrary to its true intentions, and the guarantor that the creditor knows or should know is not liable for the guarantee. In this case, the director of Rural Commercial Bank B used his position to assist A in issuing loans in violation of regulations with a fake business license, which was subjectively aware and malicious, and complied with the provisions of Article 30 of the Guarantee Law, so you can not bear the guarantee liability. If your employer forcibly withholds your wages and its behavior has infringed on your legitimate rights and interests, you can resolve it through litigation.
The above answers can help.
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You apply today and you can get the result today.
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Can you try it first?
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Yes, I have already applied once, and I need sesame points, face recognition, and identity authentication.
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It is recommended to find some company products for a long time, similar to Xuezhong Finance, which has been in operation for 2 years, and the app has been online for more than half a year, with a daily interest rate, which is a relatively stable product. The second is to look at your own credit level.
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Generally, the application can be reviewed on the same day, and the review only takes a few minutes.
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Requirements for applying for a small loan:
1. Be a resident of Chinese mainland who is at least 18 years old;
2. Have a stable address and place of work or business;
3. Have a stable income**;
4. No bad credit record, the purpose of the loan cannot be used as **, gambling and other behaviors.
5. Other conditions required by the bank.
Micro Loan Application Process:
1. Submit an application to a local bank or lending institution;
2. Prepare all kinds of materials required for loans;
3. Interview with banks or lending institutions;
4. The bank examines the qualifications of the lender;
5. Approved and successfully disbursed.
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First of all, authentication: social information authentication, operator and sesame credit authorization, binding bank card and face recognition, submit the application after authentication, and quickly disburse the loan within 2 minutes after completion.
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Borrowing money online is unreliable, after all, everyone doesn't know each other, or ask relatives and friends for help.
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Hello. Do Anhui Jiangsu region. If you need to know, please ask.
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Alipay borrows money through borrowing or online merchant loans.
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I want to borrow money to that bank.
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Parents, relatives, many friends, banks.
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Now it's all material-centric, and it's worth it.
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If there is something in the house, a mortgage or an ID card. You can go to the bank for a loan for a residence permit. I don't know the exact process.
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Borrowing money is not that easy.
Because it's not easy to make money, it's not easy to borrow money either.
No one is going to lend you money for no reason, so let's think about how to make money.
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Qian Shilang needs sesame points, the minimum is five hundred and five, which is still very easy to achieve.
There must also be a great demand for herbs on Lianjin. Then there's fishing. It's like picking money. >>>More