When many people lend money to others, they will ask the borrower to provide a guarantor in order to ensure that the loan can be repaid. 1. What can be exempted from the liability of IOU guarantee? 1, the guarantor cannot be identified. When signing the IOU, there was only the name, but the word "guarantor" was not clearly written, and the content of the guarantee was not written. At this time, the signature may be a witness, but it is not sure that it is a guarantor. Therefore, as a lender, you should be especially careful. 2. Exemption after the warranty period. If the suretyship liability has a time limit, it may be stipulated in the loan contract. If there is no agreement, it will no longer bear the guarantee responsibility within 6 months from the date of maturity of the loan, and it will be more than 6 months. If it is agreed that the guarantor shall bear the guarantee responsibility until the loan principal and interest are fully paid off, etc. , as the agreement is not clear, the guarantee period is 2 years from the date of maturity of the loan. If the warranty period has passed, the guarantor can plead, which is quite common in practice. 3. If the loan contract is invalid, the corresponding guarantee contract is also invalid. For example, if the loan contract is deemed invalid due to fund-raising fraud or other illegal acts, the guarantee contract, as a subsidiary contract of the loan contract, will be invalid at the same time. At this time, the guarantor does not need to bear the guarantee responsibility, but may still bear some losses according to the fault. 4. The debtor changes, or delays paying debts without the consent of the guarantor. The guarantor is only liable for the specific borrowing time of a specific debtor. If the creditor agrees to change the debtor or extend the repayment time of the debt, and the new debtor is unable to repay or the debt cannot be repaid after the extended time, the guarantor shall be exempted from liability. 5. The guarantor's spouse does not need to bear the guarantee responsibility. The secured debt belongs to personal debt and has nothing to do with others, and the spouse can be exempted from liability. Second, what is the responsibility to protect? It means that when the borrower fails to repay the loan on time or has no repayment ability, the lender can ask the guarantor to assume the repayment responsibility instead of the borrower, so as to ensure that the lender can recover the loan and safeguard the legitimate rights of the lender. Guarantee can be divided into general guarantee and joint guarantee: general guarantee means that the lender can ask the guarantor to assume the guarantee responsibility only when the borrower cannot repay the loan after the loan expires; Joint guarantee means that when the loan expires, whether the borrower is able to repay the loan or not, the lender can ask the borrower to repay the loan, and can also ask the guarantor to assume the responsibility of repaying the loan within the scope of its guarantee. In the loan contract or guarantee contract, if the parties have not explicitly agreed that it is a general guarantee, it is a joint guarantee. Iii. Relevant legal basis 1. Article 7 of Judicial Interpretation of Guarantee Law: If the main contract is valid, the guarantee contract is invalid, and the creditor is not at fault, the guarantor and the debtor shall be jointly and severally liable for the economic losses of the creditor of the main contract; If the creditor or guarantor is at fault, the part of the guarantor that bears civil liability shall not exceed half of the part that the debtor cannot pay off. 2. Article 8 of Judicial Interpretation of Guarantee Law: If the main contract is invalid and the guarantee contract is invalid, and the guarantor is not at fault, the guarantor will not bear civil liability; If the guarantor is at fault, the part that the guarantor bears civil liability shall not exceed one third of the part that the debtor cannot pay off. 3. Article 23 of the Guarantee Law: "During the guarantee period, if the creditor allows the debtor to transfer the debt, it shall obtain the written consent of the guarantor, and the guarantor shall no longer assume the guarantee responsibility for the debt transferred without his consent." 4. Article 24 of the Guarantee Law: "If the creditor and the debtor agree to change the main contract, they shall obtain the written consent of the guarantor. Without the written consent of the guarantor, the guarantor will no longer bear the guarantee responsibility. Unless otherwise agreed in the guarantee contract, such agreement shall prevail. "

Legal objectivity:

Article 693 of the Civil Law of People's Republic of China (PRC): If the creditor of general guarantee fails to file a lawsuit or apply for arbitration with the debtor during the guarantee period, the guarantor will no longer bear the guarantee liability. 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. Article 686 of the Civil Code of People's Republic of China (PRC) includes general guarantee and joint liability guarantee. If the parties have not agreed on the way of guarantee or the agreement is unclear in the guarantee contract, they shall bear the guarantee liability according to the general guarantee.