1. If there is an agreement in the contract, it shall be handled according to the agreement;
2. However, the agreed guarantee period shall not expire earlier than or at the same time as the main debt performance period;
3. If there is no agreement in the contract, it shall be handled according to the statutory guarantee period, that is, the guarantee period is six months from the date of the expiration of the main debt performance period.
How long is the guarantor's guarantee period? There are three situations:
1. If there is an agreed guarantee period in the guarantee contract, it shall be handled according to the agreed period;
2. If there is no guarantee period stipulated in the guarantee contract, the guarantee period is six months from the date of the agreed repayment period;
3. In another special case, it is stated in the guarantee contract that the guarantor guarantees until the debtor pays off the debt. This situation is unclear, so in this case, the guarantee means that the guarantee period is two years from the date of the agreed repayment period.
The legal consequences of an invalid guarantee contract include:
1, the guarantor does not assume the guarantee responsibility;
2. If the debtor, guarantor and creditor are at fault, they shall bear corresponding civil liabilities according to their faults.
To sum up, if the debtor, guarantor and creditor are at fault after the guarantee contract is confirmed invalid, they shall bear corresponding civil liabilities according to their faults.
Legal basis:
Article 692 of the Civil Code of People's Republic of China (PRC)
The guarantee period is the period during which the guarantor undertakes the guarantee responsibility, and there is no suspension, interruption or extension. The creditor and the guarantor may agree on a guarantee period, but if the agreed guarantee period expires before or at the same time as the performance period of the principal debt, it is deemed that there is no agreement; 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. Where the creditor and the debtor have not agreed or clearly agreed on the time limit for the performance of the principal debt, the guarantee period shall be counted from the date when the grace period for the creditor to request the debtor to perform the debt expires.