Agreement on the guarantee period: if the parties have an agreement that the agreed period is not earlier than or the same as the performance period of the main debt, it shall be calculated according to the agreed period; If there is no agreement or the agreement is unclear, the guarantee period shall be six months from the date of expiration of the main debt performance period.
The guarantor's responsibility:
The responsibilities that the guarantor should bear mainly include general guarantee responsibility and joint guarantee responsibility. The general guarantee responsibility here is mainly that the guarantor is responsible for paying off the debts due for the debtor when the debts cannot be paid off; The liability of joint and several guarantees is that the debt will be paid off, and the creditor has the right to ask the debtor or guarantor to repay the debt.
1, general guarantee liability
Its responsibility is that when the debtor can't pay off the due debt, the guarantor should bear the responsibility, that is, pay off the due debt.
2. Joint and several liability for guarantee
The creditor's responsibility to pay means that when the debt reaches the repayment period, the creditor has the right to ask the debtor or guarantor to repay the debt. When the guarantee is a general guarantee, the guarantor has the right of defense, that is, the guarantor has the right to refuse the creditor's repayment request before the creditor applies to enforce the debtor's property or fails to enforce the security interest. Co-guarantors have no such right.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 693 of the Civil Code of People's Republic of China (PRC).
The creditor of general suretyship is exempted from the suretyship responsibility, and if he fails to bring a lawsuit or apply for arbitration to the debtor during the suretyship period, the surety will no longer bear the suretyship responsibility.
If the creditor of joint and several liability guarantee fails to ask the guarantor to bear the guarantee responsibility during the guarantee period, the guarantor will no longer bear the guarantee responsibility.