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Order of guarantee and mortgage guarantee

In China's current legal system Secured Bonds Conforming guarantee Conditions of guarantee of the other party, if debt Failure to repay the debt within the agreed period, or the occurrence of Realize security interest As a specific case of creditor , you have the right to choose to realize the creditor's rights according to law;
If relevant Contract terms There are no explicit provisions in, or the provisions are ambiguous, and only the debtor has provided material security for the creditor's rights out of its own will. In this case, you, as the creditor, should first obtain satisfaction from such collateral;
When a third party provides a physical guarantee for the creditor's rights, you also have the right to realize the creditor's rights, and you can also choose to request security according to the actual situation witness Undertake corresponding Warranty liability
After the third party who submitted the guarantee has assumed the responsibility of paying for you, they have the right to claim compensation from the debtor according to law.
Therefore, according to relevant laws and regulations, the order of repayment is as follows:
1. If the Collateral system obligor If it is provided to the creditor, you should give priority to the execution of the collateral to ensure the realization of the creditor's rights;
2. If the collateral is provided by a third party, it means that you have the right to choose whether to directly execute the collateral or require the guarantor to bear the corresponding guarantee liability for the guarantee.
Latest revision: 2024-03-24
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