First, the general guarantee responsibility. 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.

Second, joint and several liability. 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.

Revocation of the guarantor's liability: the same creditor's right is guaranteed by two things. If the creditor is slow to exercise the right to guarantee after the expiration of the main contract, resulting in the decrease of the value of the collateral or damage or loss, it is deemed that the creditor has waived the guarantee of part or all of the property, and the guarantor has reduced or exempted the guarantee liability within the scope of the creditor's waiver of rights.

Legal basis: According to Article 143 of the Civil Code, signing a prenuptial agreement shall meet the following conditions:

(1) The actor has corresponding capacity for civil conduct;

(2) the meaning is true;

(three), do not violate the mandatory provisions of laws and administrative regulations, do not violate public order and good customs.

Only with the above requirements can the civil legal act of signing a prenuptial agreement take effect.

Two, the signing of a prenuptial agreement shall include but not limited to the following contents:

(a), indicating the basic information of both parties

The signing of a prenuptial agreement shall indicate the basic information such as the names, gender, date of birth and address of both parties.

(2) Agreement on the ownership of property obtained before marriage

According to China's Civil Code, one party's premarital property is the husband and wife's personal property. When signing a prenuptial agreement, the scope of property acquired by both parties before marriage should be indicated in the agreement, including real estate such as houses, cars and shops. Deposits, stocks, gold and silver jewelry and other movable property. If you intend to convert the pre-marital property into the joint property of both parties after marriage, you should indicate in the agreement the specific circumstances of converting the pre-marital property into the joint property of husband and wife after marriage.

(three) the agreement on the ownership of the property obtained after marriage

According to the provisions of China's civil code, the income of husband and wife during the existence of marriage relationship: (1) wages, bonuses and labor remuneration; (2) Income from production, operation and investment; (3) Income from intellectual property rights; (4) The inherited or donated property belongs to both husband and wife.

If it is to be agreed that the property acquired by one party after marriage belongs to the individual, the specific circumstances should be indicated in the agreement. Husband and wife agree that the property acquired during the marriage relationship belongs to each other, and if one spouse knows the debt owed by the other spouse, it shall be paid off with the personal property of the husband and wife.

(4) Agreement on creditor's rights and debts

China's Civil Code stipulates that the property acquired by husband and wife during the marriage relationship belongs to each other, and if the other party knows the agreement, it will be paid off with one party's personal property. If there is a clear agreement on their respective property and debts in the prenuptial agreement, it shall be made clear to the creditors. Otherwise, in order to protect the interests of the bona fide third party, the creditor has the right to require the husband and wife to bear joint and several debts.

(five) to reach an agreement on the decision-making of major family matters.

According to the provisions of the Civil Law of China, a civil juristic act carried out by one spouse for the needs of daily family life is valid for both spouses, unless otherwise agreed by one spouse.

Either spouse has the right of agency in family affairs, and the daily affairs can be decided by one spouse. However, for acts involving the immediate interests of the family, the two sides should negotiate. In order to avoid differences in the future, the two sides can stipulate in the prenuptial agreement what the two sides should agree on and how to solve the differences.

(6), the husband and wife loyalty obligations.

China's civil code stipulates that husband and wife should be faithful to each other, respect each other and contact each other. If there is a provision of loyalty obligation between husband and wife, the agreement between the two parties should be voluntary, not in violation of the mandatory provisions of laws and regulations, and legal and effective.

(7) Provisions on the fault liability of one party.

In case of divorce under any of the following circumstances, the innocent party has the right to claim damages:

China clearly stipulates the fault liability of one party for divorce due to bigamy, cohabitation with others, domestic violence, abuse and abandonment of family members. If there is a more specific and clear agreement, and it does not violate the mandatory agreement of national laws and regulations, it can be considered legal and effective.

(viii) Conditions for the entry into force of the Agreement

It is best to sign an agreement before both parties register for marriage, which can be stipulated in the agreement and will take effect from the date when both parties go through the marriage registration formalities and get the marriage certificate.

(9) Both parties shall sign and indicate the date of signature.

The parties may conclude a contract in writing, orally or in other forms. The best way to sign a prenuptial agreement is to sign a written contract and form a formal text. If the parties enter into a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints.