(1) civil liability
1. The guarantee contract is a subsidiary contract of the main contract. If the main contract is invalid, the guarantee contract is invalid. If there are other provisions in the guarantee contract, such provisions shall prevail. If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults.
2. If a branch of an enterprise as a legal person enters into a guarantee contract with a creditor without the written authorization of the legal person or beyond the scope of authorization, the contract or the part beyond the scope of authorization is invalid. Creditors and enterprise legal persons who are at fault shall bear corresponding civil liabilities according to their respective faults; If the creditor is not at fault, the enterprise as a legal person shall bear civil liability.
(2) Joint and several liability
Joint and several liability: 1. If the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint liability guarantee. If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.
2. If the parties have not agreed on the way of guarantee or the agreement is unclear, they shall bear the guarantee liability according to the joint and several liability guarantee.
3. If there are more than two guarantors for the same debt, the guarantors shall bear the guarantee liability according to the guarantee share agreed in the guarantee contract; If there is no agreement on the share of guarantee, the guarantor shall bear joint and several liabilities, and the creditor may require any guarantor to bear all the guarantee liabilities, and all the guarantors are obliged to guarantee the realization of all the creditor's rights.
(3) Guarantee (guarantee) responsibility
General suretyship liability: General suretyship refers to the parties' agreement in the suretyship contract that the surety shall bear the suretyship liability when the debtor fails to perform the debt. The guarantor of a general guarantee may refuse to undertake the guarantee liability to the creditor before the main contract dispute has been tried or arbitrated and the debtor's property has been enforced according to law. Under any of the following circumstances, the guarantor shall not exercise the rights specified in the preceding paragraph:
1. The debtor's domicile changes, and it is difficult for the creditor to ask him to perform the debt.
2. The people's court accepts the bankruptcy case of the debtor and suspends the execution procedure.
3. The guarantor waives the rights stipulated in the preceding paragraph in writing.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 667 A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest.
Article 680 usury is prohibited and the loan interest rate shall not violate the relevant provisions of the state. If there is no agreement on the payment of interest in the loan contract, it shall be deemed that there is no interest. If the loan contract does not specify the payment method of interest, and the parties cannot reach a supplementary agreement, the interest shall be determined according to the local or the parties' trading methods, trading habits, market interest rates and other factors; Loans between natural persons are regarded as interest-free.
Article 518 Where there are two or more creditors, and all or part of the creditors can request the debtor to perform the debt, it is a joint creditor's right; If there are more than two debtors, and the creditor can request some or all debtors to perform all the debts, it is a joint debt.
Article 687 General Guarantee refers to the guarantee that the guarantor shall bear the guarantee liability when the debtor fails to perform the debt, as stipulated by the parties in the guarantee contract.
The guarantor of a general guarantee has the right to refuse to undertake the guarantee liability to the creditor before the main contract dispute has been tried or arbitrated and the debtor's property has been 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 execution;
(2) The people's court has accepted the bankruptcy case of the debtor;
(3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or cannot perform debts;
(4) The Guarantor waives the rights stipulated in this clause in writing.
Article 688 Where the parties stipulate in the suretyship contract that the surety and the debtor shall be jointly and severally liable for the debts, it is a suretyship of joint liability.
When the debtor of joint and several liability guarantee fails to perform the due debt or the circumstances agreed by the parties occur, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.