If the payer does not repay the money, what liability will the guarantor bear 40

The liability of the guarantor for the lender's overdue repayment mainly depends on whether the guarantee is general liability or joint and several liability, and the guarantee of the two in the contract is different, and the liability assumed is also different.

According to Article 17 of the Guarantee Law of the People's Republic of China, if the parties agree in the guarantee contract that if the debtor fails to perform the debt, the guarantor shall bear the guarantee liability, it is a general guarantee. The guarantor of a general guarantee may refuse to bear the guarantee liability to the creditor before the main contract dispute has not been tried or arbitrated, and the debtor's property is still unable to perform its obligations in accordance with the law.

In any of the following circumstances, the guarantor shall not exercise the rights provided for in the preceding paragraph:

1) The debtor's domicile is changed, causing major difficulties for the creditor to demand that the debtor perform the debt;

2) The people's court accepts the debtor's bankruptcy case and suspends the enforcement procedure;

3) The guarantor waives the rights provided for in the preceding paragraph in writing.

According to Article 16 of the Guarantee Law of the People's Republic of China, joint and several liability guarantees have the following characteristics:

1. Joint and several liability guarantee is a guarantee method agreed between the guarantor and the main creditor in the guarantee contract and presumed by law. As a form of guarantee, the parties shall expressly stipulate in the guarantee contract the method of joint and several liability guarantee. However, China's Guarantee Law stipulates that if the guarantor and the guarantor do not make an agreement on the joint and several liability guarantee and the general guarantee or the agreement is not clear, it is presumed to be a joint and several liability guarantee.

2. The guarantor and the main debtor shall be jointly and severally liable for the debts of the main contract. This means that both the guarantor and the principal debtor are liable for the full discharge of the obligations under the main contract.

3. When the principal debtor fails to perform the debt at the expiration of the debt performance period, the guarantor shall bear the guarantee liability. In the case of joint and several liability guarantees, once the principal debtor fails to perform the main contract debts when due, the creditor may require the principal debtor to repay the debts or require the guarantor to bear the guarantee liability.

If there is no agreement on the form of guarantee, you shall be jointly and severally liable.

Judicial organs have the right to seal up and freeze bank deposits, and if a bank is sealed, the guarantor shall be divided into joint guarantor and general guarantor, and the joint guarantor shall bear the joint and several guarantor, and the general guarantor, and only if the debtor cannot repay, shall bear the liability of the supplementary guarantor.

Hello. This is what the guarantor guarantees, and if the debtor fails to repay the debt when due, the creditor can find the guarantor to repay. It's just that the guarantor here is divided into general guarantee and joint and several guarantee (if there is no guarantee agreed, it is joint and several guarantee).

For general guarantees, the creditor should first find the debtor to bear the responsibility, and if it cannot be repaid, it can find a guarantor; Joint and several guarantee: when the debt is due, the creditor can directly find the guarantor to repay;

After the guarantor repays, he can seek recovery from the debtor. Note: If there is no agreement on the limitation period of the guarantee, the guarantee period is six months, and the joint guarantor will no longer bear the guarantee liability after six months.

If there is no special agreement, the guarantor shall be jointly and severally liable in accordance with the law.

Joint and several liability, if the lender does not repay the money, the guarantor will repay the loan.

Legal analysis: What is the responsibility of the guarantor if the payer does not repay the money: When the people's court takes measures to inquire, freeze or transfer, it may directly search and submit to the bank's blind burning business office, savings bank and credit cooperative, without the consent of its superior competent unit.

Legal basis: Article 37 of the Civil Procedure Law of the People's Republic of China provides that when a people's court takes measures to make inquiries, freeze or transfer funds, it may directly submit them to bank offices, savings banks and credit cooperatives, without the consent of the competent unit at a higher level. Banks, credit cooperatives and other units must assist in handling the matter and must not refuse for any reason.

Where assistance is refused, the people's courts may impose fines and detention in accordance with the provisions of the "Civil Procedure Law of the People's Republic of China", and may recommend that the Supervision Organs or relevant organs give disciplinary sanctions.

If the payer does not repay the money, the guarantor will be liable for repayment. The law stipulates that the guarantor of a general guarantee may refuse to bear the guarantee liability to the creditor before the main contract dispute has not been tried or arbitrated, and the guarantor believes that Yintong is still unable to perform the debt in accordance with the law on the debtor's property.

[Legal basis].

Article 686 of the Civil Code.

The forms of guarantee include general warranty and joint and several liability guarantee.

Where the parties have no agreement on the form of guarantee in the guarantee contract or the agreement is not clear, they shall bear the guarantee liability in accordance with the general guarantee.

Article 688.

Where the parties stipulate in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint and several liability guarantee.

In the event that the debtor of the joint and several liability guarantee fails to perform the debts due or the circumstances agreed upon by the parties occur, the creditor may request the debtor to perform the debts, and may also request the guarantor to assume the guarantee liability within the scope of the guarantee.