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How the guarantor cancels the guarantee

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How the guarantor cancels the guarantee


        

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  • 2024-06-06 17:00:52

    Generally speaking, after the borrower pays off the loan, the loan guarantor has no guarantee liability. If the borrower fails to repay the loan, it depends on whether the guarantor signs a general guarantee or a joint and several liability guarantee.

    1. In general, only when the debtor really has no ability to perform can the guarantor be required to bear the responsibility.

    2. At the expiration of the term of joint and several guarantee, the creditor may not only require the debtor to perform the debt, but also require the guarantor to bear the guarantee liability within the scope of his guarantee.

    If the guarantor wants to cancel the loan, it depends on the original contract. If the guarantor is a general guarantee, it does not need to cancel the guarantee. As long as the borrower has property and repayment ability, the guarantor does not need to bear the repayment responsibility.

    If the guarantor is a joint guarantee, the creditor can only be required to agree, otherwise the guarantee cannot be cancelled.

    [Legal Basis]

    In Article 681 of the Civil Code, a suretyship contract is a contract to guarantee the realization of creditor's rights. The surety and the creditor agree that when the debtor fails to perform its due debts or the circumstances agreed by the parties occur, the surety shall perform its debts or assume its liabilities.

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    2024-06-06 17:00:52

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