Legal analysis

Contract disputes refer to all disputes between the parties to a contract due to the effectiveness, interpretation, performance, modification and termination of the contract. The content of contract disputes mainly shows that both parties to the dispute have different views on the legal facts that lead to the emergence, change and elimination of the legal relationship of the contract and the content of the legal relationship. The scope of contract disputes covers the whole process of contract from establishment to termination. The content of contract disputes involves all aspects of the contract itself. The contents of disputes are varied, and almost every aspect related to the contract will lead to disputes. For example, there will also be disputes about the parties who sign the contract. One party to a contract is a branch of a legal person, but he has signed a contract and has no right to sign a contract with foreign countries. Once this method breaks the contract but is unable to bear the debt, the legal person who sets up the branch must and should bear the responsibility. If the legal person is unwilling, there will be disputes. Another example is that the two sides reached a contract through oral negotiation, and in the process of performance, they disagreed on a certain clause of the initial negotiation, and there was a dispute because there was no written proof orally. Disputes over the contract include: the validity of the contract, that is, whether the contract is valid; Disputes over inconsistent understanding of contract language; Disputes over whether the contract is performed as agreed; Who will bear the liability for breach of contract and how many disputes; Disputes over whether the contract can be unilaterally terminated. After signing the contract, the ideal state is that the two parties perform their respective obligations according to the contents of the contract until the contract is successfully terminated.

legal ground

Article 687 of the Civil Code of People's Republic of China (PRC) stipulates in the suretyship contract that when the debtor fails to perform the debt, the surety shall bear the suretyship responsibility, which is a general suretyship. The guarantor of a general guarantee has the right to refuse to assume 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.