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What is an unsecured creditor

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What is an unsecured creditor


        

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  • 2024-06-19 06:00:00

    Unsecured creditor refers to the creditor who has a common creditor's right that the debtor does not set any guarantee for its debt. It is a private law right relative to the creditor's right in public law.
    Unsecured creditors are in contrast to secured creditors. The guarantor guarantees the creditor that the debtor will perform its obligations. If the debtor fails to perform its obligations, the guarantor shall perform or bear joint and several liability according to the agreement; After performing the obligation, the guarantor shall have the right of recourse against the debtor.

    Legal basis

    Article 687 of the Civil Code of the People's Republic of China [General guarantor's right of defense in advance] Where the parties agree in the suretyship contract that if the debtor fails to perform the debt, the surety shall bear the suretyship liability, it is a general suretyship.
    The surety of a general suretyship shall have the right to refuse to assume suretyship liability to the creditor before a dispute over the principal contract has not been tried or arbitrated and the debtor's property cannot be enforced according to law, except in one of the following circumstances:
    (1) The debtor's whereabouts are unknown and there is no property available for enforcement;
    (2) The people's court has accepted the debtor's bankruptcy case;
    (3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or loses the ability to perform debts;
    (4) The guarantor waives the rights specified in this clause in writing.

    I***

    2024-06-19 06:00:00

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