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The duration of the guarantee period and the statute of limitations of the guarantee contract
Author:admin Time:2017-09-29

During the period during which the surety shall undertake the suretyship of the suretyship, the surety shall not be liable for the suretyship of the suretyship. The time limit for guaranteeing the contract is the period when the creditor is required by the procedure to guarantee the guarantor's obligations.

For general warranties, first of all, if the creditor is to have the guarantor to undertake the guaranty responsibility, he or she must file a lawsuit or arbitration within the period of guarantee (before the expiration date); Otherwise, the creditor loses the right of the entity, namely the guarantor is exempt from the guarantee responsibility; Secondly, the object of the creditors' lawsuit or arbitration (i.e. the defendant) can only be the debtor of the main contract, but not the guarantor; In the end, only when the litigation documents or the day of the enforcement of arbitration documents, ensure the legal meaning of end, during the guarantee contract is the statute of limitations of the beginning, the statute of limitations has been converted into the period of guarantee contract period; If there is no appeal to the principal creditor litigation or arbitration, the "front" condition of the cannot be converted to the period of guarantee contract of the statute of limitations, namely the guarantee contract is lost points of prescription.

In terms of joint guarantee, first of all, if the creditors should let the surety undertake suretyship liability, must be within the guarantee period (before expires) to ask for any claim, such as notification, the "requirement" here is limited to prove that the creditors claim, and different from in general suretyship asks "litigation" or "arbitration"; Secondly, the direct object of the claim of the creditor must be the guarantor, not only to the principal debtor; In the end, as long as you can prove that the creditor within the guarantee period to the guarantor claim rights, in the period of guarantee shall lose effect from the date of the claim, then naturally into a suretyship contract the limitation of action, namely, begin to accrue to ensure that the contract of the statute of limitations.