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Can the guarantor unilaterally terminate the guarantee

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Can the guarantor unilaterally terminate the guarantee


        

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  • 2024-06-14 15:01:41

    Can the guarantor unilaterally terminate the guarantee
    Whether the guarantor can unilaterally terminate the guarantee shall be handled according to the following circumstances: 1. If the guarantee (guarantee) contract stipulates the guarantee period, the guarantor has no right to unilaterally terminate the guarantee. If the guarantee contract does not stipulate the guarantee period, but does not give the guarantor the right to unilaterally terminate the guarantee, the guarantee has no right to unilaterally terminate the guarantee. 2. The exception is: if the guarantor provides guarantee for continuous creditor's rights, and the guarantee (guarantee) contract does not stipulate the guarantee period, the guarantee can notify the creditor in writing to terminate the guarantee contract at any time, but for the debts that have occurred before, it also needs to bear the guarantee liability. Special provisions: First, legal persons, other organizations or citizens who have the ability to repay debts on their behalf may act as guarantors. However, if a legal person, other organization or natural person who does not have full compensatory capacity, after concluding a suretyship contract as a surety, claims exemption from suretyship liability on the grounds that he does not have compensatory capacity, the people's court will not support it. Second, according to the relevant provisions of the General Principles of the Civil Law, individual businesses and rural contract operators are a special form of citizens. Therefore, citizens as guarantors can also be self-employed businesses and rural contract operators. Third, those who can act as guarantors include: sole proprietorship enterprises and partnerships that have registered and obtained business licenses according to law; Joint ventures registered and licensed according to law; Chinese foreign contractual joint ventures registered and licensed according to law; Social organizations approved and registered by the civil affairs department; Township, sub district and village run enterprises that have been approved and registered to obtain business licenses.

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