The liability of the guarantor for the lender's overdue repayment mainly depends on whether the guarantee is general liability or joint liability. The guarantee in the contract is different, and the liability undertaken is also different. According to the provisions, if the parties agree in the suretyship contract that the surety shall bear the suretyship liability when the debtor fails to perform his obligations, it is a general suretyship; The guarantee of joint and several liability is a kind of guarantee that is agreed and legally presumed by the guarantor and the main creditor in the guarantee contract.
Legal basis
Article 17 of the Guarantee Law of the People's Republic of China stipulates in the guarantee contract that if the debtor is unable to perform his debt, the guarantor shall bear the guarantee liability, it is a general guarantee. The surety of a general suretyship may refuse to bear suretyship liability to the creditor before the dispute over the main contract has not been tried or arbitrated and the debtor's property has not been enforced according to law, but the creditor is still unable to perform his obligation. Under any of the following circumstances, the guarantor may not exercise the rights specified in the preceding paragraph: (1) The change of the debtor's domicile causes serious difficulties for the creditor to require it to perform its obligations; (2) The people's court accepts the debtor's bankruptcy case and suspends the execution procedure; (3) The guarantor waives the rights specified in the preceding paragraph in writing.