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What to do if the guarantee contract is unclear

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What to do if the guarantee contract is unclear


        

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  • 2024-06-04 22:00:54

    If the agreement in the suretyship contract is not clear, the surety may assume the responsibility in the form of general suretyship.

    If there is no clear agreement on the mode of guarantee, the guarantee liability shall be assumed in accordance with the general guarantee; If other matters are not clearly stipulated, the parties may supplement by agreement; Or according to the relevant terms of the contract, transaction customs, etc.

    If it is true, it shall bear the guarantee liability according to the general guarantee; If other matters are not clearly stipulated, the parties may supplement by agreement; Or according to the relevant terms of the contract, transaction customs, etc.

    [Legal Basis]

    Article 510 of the Civil Code, after the contract comes into force, if the parties have not agreed or clearly agreed on the quality, price or remuneration, place of performance and other contents, they may supplement by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or the transaction customs.

    In Article 686 of the Civil Code, the modes of guarantee include general guarantee and joint liability guarantee.

    If the parties have not agreed or clearly agreed on the mode of suretyship in the suretyship contract, they shall bear suretyship liability in accordance with general suretyship.

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