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For bank loans, how is the guarantee period of the guarantor divided?

1. For bank loans, how is the guarantor’s guarantee period divided?

1. The guarantor’s guarantee period shall be as agreed upon, but shall not be shorter than or equal to the principal period. The debt period shall not exceed two years after the maturity of the main debt; in the absence of an agreement, it shall be six months after the maturity of the main debt.

2. The guarantor’s guarantee period is the guarantor’s guarantee period. Article 32 of the Supreme Interpretation of the Guarantee Law stipulates: “If the guarantee period stipulated in the guarantee contract is earlier than or equal to the principal debt performance period, it shall be deemed that there is no agreement, and the guarantee period shall be six months from the expiration date of the principal debt performance period.

If the guarantee contract stipulates that the guarantor shall bear the guarantee liability until the principal and interest of the main debt are repaid, or other similar content, the agreement shall be deemed to be unclear, and the guarantee period shall be two years from the expiration date of the main debt performance period

3. Paragraph 1 of Article 25 of the "Guarantee Law" stipulates: If the guarantor of a general guarantee and the creditor do not agree on a guarantee period, the guarantee period shall be six months from the expiration of the main debt performance period

4. , Paragraph 1 of Article 26 stipulates: “If the guarantor of a joint liability guarantee and the creditor have not agreed on a guarantee period, the creditor has the right to require the guarantor to assume the guarantee liability within six months from the expiration of the debt performance period.

2. How long is the validity period of the loan guarantor?

1. How long is the validity period of the loan guarantor 1. The validity period of the loan guarantor is six months. The guarantee period of the guarantor shall be implemented according to the period agreed by both parties. If there is no agreement, the validity period shall be six months from the expiration of the main debt performance period. The guarantor of a loan needs to fulfill certain legal responsibilities for the guarantee. At the same time, the guarantor needs to wait until the loan relationship completely disappears before its guarantee responsibility can disappear. 2. Legal basis: Article 692 of the "People's Republic of China and Civil Code" The guarantee period is the period during which the guarantor assumes the guarantee liability, and no suspension, interruption or extension will occur. Article 692 The guarantee period is the period during which the guarantor assumes the guarantee liability, and no suspension, interruption or extension will occur. The creditor and the guarantor may agree on a guarantee period, but if the agreed guarantee period is earlier than the main debt performance period, or expires at the same time as the main debt performance period, it will be deemed that there is no agreement; if there is no agreement or the agreement is unclear, the guarantee period will be the main debt performance period. Six months from the expiry date. If the creditor and the debtor do not agree on the main debt performance period or the agreement is unclear, the guarantee period shall be calculated from the expiration of the grace period in which the creditor requests the debtor to perform the debt. 2. Under what circumstances will the guarantor of the debt be exempted from the guarantee liability? If the creditor of a general guarantee does not file a lawsuit or apply for arbitration against the debtor during the guarantee period, the guarantor will no longer bear the guarantee liability. If the creditor under a joint liability guarantee fails to request the guarantor to bear the guarantee liability during the guarantee period, the guarantor shall no longer bear the guarantee liability. After the expiration of the main debt performance period, the guarantor of a general guarantee provides the creditor with the true status of the debtor's executable property. If the creditor abandons or neglects to exercise its rights and the property cannot be enforced, the guarantor shall provide the guarantor within the value range of the executable property. No longer assumes warranty responsibility.

3. Does the loan guarantor have a guarantee period?

Legal analysis: There is a time limit. The creditor and the guarantor may agree to guarantee the performance period of the main debt or to expire at the same time as the main debt performance period. If there is no agreement or the agreement is unclear, the guarantee period shall be six months from the expiration date of the main debt performance period.

Legal basis: Guarantee Law of the People's Republic of China

Article 25: If the guarantor of a general guarantee and the creditor do not agree on a guarantee period, the guarantee period shall be six months from the expiration date of the main debt performance period. moon. During the guarantee period stipulated in the contract and the guarantee period specified in the preceding paragraph, if the creditor does not file a lawsuit or apply for arbitration against the debtor; if the creditor has filed a lawsuit or applied for arbitration, during the guarantee period, if the creditor does not file a lawsuit or apply for arbitration against the debtor, the guarantor shall be exempted from guarantee liability. ; If the creditor has filed a lawsuit or applied for arbitration, the provisions on interruption of the statute of limitations shall apply during the guarantee period.

If the twentieth party fails to agree on a guarantee period, the creditor shall have the right to request the guarantee within six months from the expiration of the debt performance period. If the guarantee creditor stipulated in the contract does not require the guarantor to bear guarantee liability, the guarantor shall be exempted from guarantee liability.