What are the ways to guarantee liability? Which are the warranty responsibilities

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A guarantee contract is a contract in which the guarantor performs the debt or assumes responsibility when the debtor fails to perform the due debt or the circumstances agreed by the parties occur to ensure the realization of the creditor's right.

There are two types of warranty liability, 1. General warranty. Where the parties agree in the guarantee contract that the guarantor shall bear the guarantee liability if the debtor fails to perform the debt, it is a general guarantee. In the case of a general guarantee, the guarantor has the right to refuse to bear the guarantee liability before the debtor's property is still unable to perform the debt after being enforced in accordance with the law.

Where the parties stipulate in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debtor's debts, it is a joint and several liability guarantee. In the case of joint and several liability guarantees, if the debtor fails to perform the debts due or the circumstances agreed by the parties occur, the creditor may require the debtor to perform the debts, and may also require the guarantor to bear the guarantee liability within the scope of its guarantee.

If the parties have not agreed on the form of guarantee in the guarantee contract or the agreement is unclear, they shall bear the guarantee liability in accordance with the general guarantee.

1.General Warranty Liability. If the parties agree in the guarantee contract that the guarantor shall bear the guarantee liability when the debtor fails to perform its obligations, 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.

2.Joint and several liability guarantee. 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 liability guarantee.

When the debtor fails to perform the due debts, the creditor may require the debtor to perform the debts, and may also require the guarantor to assume liability within the scope of its guarantee liability.

Qualifications of the guarantor 1Legal persons, other organizations or citizens who have the ability to subrogate to pay off debts may act as guarantors. 2.

State organs, schools, kindergartens, hospitals, and other public institutions, social organizations, and branches and functional departments of enterprise legal persons for the purpose of public welfare must not be guarantors. If a branch of an enterprise legal person has written authorization from the legal person, it can be authorized in the scope of [more] What is a guarantee What is a guarantee Guarantee refers to the act of agreeing between the guarantor and the creditor that when the debtor fails to perform the debt, the guarantor will perform the debt or assume responsibility according to the agreement. Related Reading:

According to Article 38 of the Labor Law, the employer shall ensure that the employee has at least one day off per week. About the understanding of the day, [more].

Guarantee liability, also known as guarantee debt or guarantee obligation, refers to the obligation of the guarantor to perform the debt or assume responsibility on behalf of the principal debtor when the principal debtor fails to perform the debt in accordance with the guarantee contract. There are two ways for the guarantor to bear the guarantee liability, namely, performance on behalf of the guarantor and compensation for losses.

1) Perform on behalf of others. The parties may stipulate in the guarantee contract that if the debtor fails to perform its obligations when due, the guarantor shall perform the debts agreed in the main contract on its behalf. For exclusive debts, it is not possible to stipulate that the guarantor shall perform such an agreement, and even if such an agreement is made to perform on behalf of the guarantor, the guarantor can only be liable in the form of compensation for losses.

For example, the contract is an exclusive contract, and the guarantor cannot bear the guarantee liability to the creditor of the contract by way of proxy performance, but can only compensate for the losses caused to the creditor of the contract due to the breach of contract.

2) Compensation for losses. The parties may stipulate in the guarantee contract that if the debtor fails to perform its obligations when due and causes losses to the creditor, the guarantor shall be liable for compensation to the debtor.

1. The significance of the letter of commitment.

The letter of commitment has a clear meaning and has the effect of a guarantee contract.

The guarantee liability arises from the guarantor's commitment to the creditor, that is, the guarantor's promise that when the debt is not paid, the guarantor will bear the responsibility of performing the debt or related civil liability on behalf of the guarantor according to its promise.

Article 681 of the Civil Code stipulates: "A guarantee contract is a contract in which the guarantor and the creditor agree that the guarantor will perform the debt or assume the responsibility when the debtor fails to perform the due debt or the circumstances agreed by the parties occur. However, in daily life, many people do not understand the provisions of the law or the parties are acquaintances due to reasons such as the situation, and do not specifically enter into a written guarantee contract when guaranteeing others, and the rest only issue a relatively rough written guarantee text carrier, and even directly write the guarantor and their own names on the IOU, but if the debtor fails to repay on time, it often leads to disputes.

2. What should I do if I don't repay the loan for someone else's guarantee.

If the debtor fails to perform the due debts or the circumstances agreed by the parties occur, the guarantor shall perform the debts or assume the liabilities.

Article 681 of the Civil Code stipulates: "A guarantee contract is a contract in which the guarantor and the creditor agree that the guarantor will perform the debt or assume the responsibility when the debtor fails to perform the due debt or the circumstances agreed by the parties occur.

Article 682 stipulates that the guarantee contract is a subordinate contract to the principal debt contract. Where the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, except as otherwise provided by law.

After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear the corresponding civil liability according to their fault.

Legal Analysis: Warranty liability includes general warranty and joint and several liability guarantee. 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.

Legal basis: Article 686 of the Civil Code of the People's Republic of China The forms of guarantee include general guarantee and joint and several liability guarantee. If the parties do not agree 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 debts or services, it shall be a collateral 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.

1. The form of guarantee liability The assumption of guarantee debt includes eight good situations:

1. If the debtor of joint and several joint guarantee fails to perform the debt upon the expiration of the debt performance period specified in the main contract, the creditor may require the debtor to perform the debt, or any guarantor may be required to bear all the guarantee liabilities; After the guarantor of the joint and several guarantee assumes the guarantee liability, the part that cannot be recovered from the debtor shall be shared by each joint guarantor according to the proportion agreed upon within it; If there is no agreement, it will be shared equally.

2. The guarantor of the joint guarantee shall bear the guarantee liability according to the guarantee share agreed in the guarantee contract.

3. After the determination of the unspecified creditor's rights of the maximum guarantee contract (the maximum guarantee means that the guarantor and the creditor sign a general guarantee contract to provide guarantee for the loan contract and a certain commodity transaction that occurs continuously within a certain period of time, as long as the creditor and the debtor conduct the transaction within the limit of the amount of claims agreed in the guarantee contract, the guarantor shall bear the guarantee liability in accordance with the law), the guarantor shall bear the guarantee liability for the balance of the creditor's rights that occur continuously for a certain period of time within the limit of the maximum amount of claims.

4. If the guarantor of a general guarantee provides the creditor with the true situation of the debtor's property available for enforcement after the expiration of the period for performance of the main creditor's rights, and the creditor waives or neglects to exercise its rights, resulting in the property being unable to be enforced, the guarantor may request the people's court to exempt the guarantee liability within the scope of the actual value of the property available for enforcement.

5. If the third party guarantees to the creditor that the special funds for supervising the payment of special funds will not be liable after fulfilling the obligation to supervise the payment of special funds. Where failure to fulfill supervision obligations causes the loss of funds, supplementary liability for compensation shall be borne for the lost funds.

6. If the guarantor provides a guarantee for the registered capital of the debtor, and the actual investment of the debtor is inconsistent with the registered capital, or the registered capital is withdrawn and transferred, the old guarantor shall bear joint and several guarantee liability within the scope of insufficient registered capital or evasion of the transferred registered capital.

II. What are the forms of guarantee liability, if the creditor transfers the main creditor's right to a third party in accordance with the law, the guarantee creditor's right shall be transferred at the same time, and the guarantor shall bear the guarantee liability to the transferee within the scope of the original guarantee. However, if the guarantor and the creditor agree in advance that the guarantee liability shall only be borne to a specific creditor or the assignment of creditor's rights shall be prohibited, the guarantor shall no longer bear the guarantee liability. During the guarantee period, if the creditor permits the debtor to transfer part of the debt without the written consent of the guarantor, the guarantor shall no longer bear the guarantee liability for the part of the debt transferred without its consent.

However, the guarantor shall still be liable for the untransferred part of the debt.