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What can the joint liability guarantor do after the guarantee contract is confirmed to be invalid

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What can the joint liability guarantor do after the guarantee contract is confirmed to be invalid


        

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  • 2024-06-06 06:00:03

    If the guarantee contract is invalid, the guarantor will certainly no longer bear the guarantee liability specified in the guarantee contract. However, the parties involved in the relevant fault shall bear civil liability according to the corresponding fault. The specific circumstances are as follows:

    (1) If the principal contract is valid but the guarantee contract is invalid, the guarantor and the debtor shall be jointly and severally liable to the creditor if the creditor is not at fault; If both the creditor and the guarantor are at fault, the liability limit of the guarantor is 1/2 of the debt that cannot be repaid.

    (2) If the main contract is invalid and the guarantee contract is invalid, if the guarantor is not at fault, the guarantor shall be exempted from liability; If the guarantor is at fault, the liability limit of the guarantor shall be 1/3 of the debtor's unpaid part. In any case, after the guarantor of the invalid guarantee contract bears the liability for fault compensation, he can still claim compensation from the debtor accordingly.

    [Legal Basis]

    Article 388 of the Civil Code states that for the establishment of security interests, a security contract shall be concluded in accordance with the provisions of this Law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with guarantee functions. The guarantee contract is a subordinate contract of the main debt contract. If the contract of principal creditor's rights and debts is invalid, the guarantee contract is invalid, except as otherwise provided by law.

    1***

    2024-06-06 06:00:03

  • civil Relevant knowledge

  • law

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