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How the civil death of loans?

    "shit happens, it is the unforeseen." For the death of the borrower and guarantor liability issues. Loans experts – think of Beijing, continued to bear the liability of the guarantor, has nothing to do with the death of the debtor. Key is to look at the liability of the guarantor is a general or a joint and several guarantee, whether the creditor to the debtor claim rights.

    security is divided into general suretyship or a suretyship. General guarantee is a contract agreed by the parties, the debtor cannot fulfill the debt, guaranteed by the guarantor the guarantee liability; joint and several liability, is the parties agreed in the suretyship contract surety and guarantee to bear joint and several liability for the debts of the debtor. This difference is mainly reflected in the following five aspects:

    is a responsible practice. Only when the primary obligor fails to guarantee the guarantor, has obligations, namely the supplementary; suretyship in the surety and the principal debtor as joint and several liability, and creditors during the warranty coverage period, either to the debtor of the claim or claims to the guarantor, whether creditors, who, the debtor and the guarantor has the right to refuse.

    two are joint and several liability guarantee the guarantor and the principal debtor's rights and obligations and accountability of law applicable to joint and several liability provisions and ensure there is no joint and several liability between the guarantor and the principal debtor in question, just to ensure fulfilment of obligations to creditors, the guarantor against the principal debtor has the right to claim.

    III is the General guarantee of right to plea for sponsorship, and joint and several liability of the debtor did not plea for the right not to creditors if the principal debtor as of publication fulfilling warranty obligations of the defence.

    four is the joint and several liability is prescribed by law or agreed upon by the parties, no rules or conventions that, according to the joint and several liability guarantee and general guarantee is only prescribed by the parties.

    five is a suretyship guarantees strong, beneficial to creditors and the sponsor of the relatively heavy burden and security strength is relatively weak in General, the burden of guarantor is relatively light.


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