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Can the guarantor recover after paying off on behalf

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Can the guarantor recover after paying off on behalf


        

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  • 2024-06-06 05:02:24

    After paying off the debt on behalf of the guarantor, the guarantor may recover the debt.

    1、 According to the provisions of the Civil Code, after assuming the suretyship liability, unless otherwise agreed by the parties, the guarantor has the right to recover from the debtor within the scope of his suretyship liability, and enjoys the rights of the creditor against the debtor, but shall not harm the interests of the creditor.

    2、 Under any of the following circumstances, the guarantor shall not be liable for the guarantee:

    1. The parties to the main contract collude to defraud the guarantor of providing a guarantee;

    2. The creditor of the main contract uses fraud, coercion and other means to make the guarantor provide a guarantee against his true intention;

    3. Where the debtor of the main contract uses fraud, coercion or other means to make the guarantor provide a guarantee against his true intention, and the creditor knows or should know the facts of fraud or coercion.

    [Legal Basis]

    Article 700 of the Civil Code of the People's Republic of China states that after assuming the suretyship liability, the surety shall, unless otherwise agreed by the parties, have the right to recover from the debtor within the scope of his suretyship liability and enjoy the rights of the creditor against the debtor, but shall not harm the interests of the creditor.

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