1. In life, people who can be used as debt guarantees come from relatives or friends, while those who are used as debt guarantees for others lack understanding of the legal risks they should bear. Once the debtor fails to fulfill his due repayment obligations, the guarantor will have to pay his debts for his friends with his own assets. What's more, he will even lose all his money because of the guarantee.
2. If the repayment cannot be made on schedule, the guarantor shall bear the responsibility. According to the current laws of our country, the liability of guarantee is divided into general guarantee and joint and several liability guarantee. General guarantee means that when the debtor still cannot bear the debt through litigation, the guarantor shall bear the guarantee responsibility; Joint and several guarantee liability means that the creditor can directly ask the debtor or guarantor to bear the liability, which is not limited by the debtor's ability.
3. If the loan is guaranteed by joint and several liability, and the borrower fails to repay the loan on time, the guarantor must bear joint and several liability for repayment within the guarantee period. If the liability of guarantee occurs during the existence of the relationship between husband and wife, the debts arising therefrom should be regarded as the same debts of the husband and wife, and they must bear the responsibility of repayment, which should be repaid jointly by the husband and wife. If the loan is extended and the guarantee contract is not re-signed (re-signed), the guarantee period shall expire, and if it is not returned on time, it will not bear the guarantee responsibility.
4. If the debtor transfers the debt without the consent of the guarantor, does the guarantor still bear the guarantee responsibility? 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. 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. If there are other provisions in the guarantee contract, such provisions shall prevail. Where the creditor and the debtor transfer their debts without the consent of the guarantor, the guarantor shall not be liable for the guarantee.
5. Under normal circumstances, the third party's provision of secured property is generally based on its special trust relationship with the debtor or its knowledge of the assets and reputation of the debt. Therefore, in the guarantee, once the debtor transfers the debt without the consent of the guarantor, it will bring greater risks to the guarantor, because the third party who provides the guaranteed property may know nothing about the new debtor. Although the establishment of security interest is mainly to ensure the realization of creditor's rights, it should also take care of the interests of the guarantor, especially when the guarantor is a third person other than the debtor, how to balance the interests of the guarantor, the holder of security interest and the debtor is very important. Article 175 of the Property Law restricts the exercise of creditor's rights, and clearly stipulates that if a third party provides a guarantee and the creditor allows the debtor to transfer all or part of the debt without its written consent, the guarantor will no longer bear the corresponding guarantee liability. This restriction not only protects the guarantor, but also protects the interests of creditors. This provision balances the interests of the guarantor, the debtor and the creditor.