The parties agreed in the contract, when the debtor can not perform the debt, guaranteed by the guarantor assume responsibility for the general guarantee General to ensure that the debt is not incidental to the main guarantee of debt. General to ensure a complementary, when the creditor is not on the main property of the debtor and no effect for the implementation of the first before the guarantor will be required to perform warranty obligations, the guarantor of the right to refuse, this right is called the first defense of the right to appeal. Plea for the right to not exercise in the following circumstances: First, the debtor is home to change, the debt of the creditor requires the performance of its major difficulties; Second, people's court accepts the debtor's bankruptcy case, suspend the implementation of procedures; Third, the guarantor in writing give up these rights. The parties agreed in the guarantee contract, the debtor can not perform the debt, guaranteed by the guarantor assumes responsibility for the general guarantee.
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General guarantee I generally guarantee】 1. The general concept of guaranteed Generally refers to the parties agree to ensure that the debtor can not Carry out the debt guaranteed by the guarantor to assume a responsibility to ensure that Way. General to ensure that the guarantor is a debtor is unable to perform Only assume responsibility for the debt guarantee. The composition should be a general guarantee Preparation of the following two conditions: first, there must be some parties Determined that the guarantor and the creditor must ensure that the contract clearly Provisions to ensure that the way for the general guarantee. There is no agreement or about Be unknown, can not be considered to ensure the establishment of the general. Second, will To be in the debtor can not perform the debt, to ensure commitment to protect human Burden of proof. The so-called "can not perform the debt" refers to the creditors and The debtor's main contract dispute after a court hearing or the people Arbitration by an arbitration body, and the People's Court on the debt The property after the execution, it can not repay the debts, to ensure Talent on the unpaid part of the responsibility of guarantee. 2. Generally the way to ensure that the first plea for the right of the guarantor Plea for rights is assumed when the creditor to the guarantor for Guarantee of debt, the guarantor of the right to require creditors to be on the main Sue for enforcement of property of the debtor, or guarantor of the right To law of a right. Plea for rights guaranteed by the guarantor is legally entitled to the general Rights. The first defense of a right of appeal to ensure that the contract is based on the phase For the subordinate nature of the main contract and the principal obligation of the supplementary Quality. Plea for sponsors to enjoy the right to be in the creditors Seeking to fulfill its debt dispute, require creditors to be on the main Property of the debtor or the arbitration proceedings and enforcement. Creditors of the guarantor only if the principal debtor has the property according to law Sue can not repay the debts after the execution only when the debt may not refuse The right to the solvency requirements, therefore, the guarantor of the first plea for the right Is a right against the creditor, is the guarantor of self-protection Of a right. Note that the first plea for the right to ensure that only the general The guarantor can be exercised. After a contract dispute in the main trial or Arbitration to enforce the debtor's property law still can not Perform the debt, the guarantor of the first defense of the right to appeal failed, they should Commitment to guarantee the creditors should bear the responsibility. 3. On the guarantor to exercise the right to limit Plea Guarantor of security law on the exercise of rights provisions of Plea Three restrictive conditions, where the following circumstances, Guarantor shall not exercise the right of the first plea for: (L) debtor's domicile changes, resulting in creditor to Major difficulty to perform its obligations; Home is the subject of legal recognition of the civil center of activities, games The debtor home to change, so that creditors can not find the debt Were allowed to perform the debt, in this case, the creditor can To directly request the guarantor to bear guarantee responsibility to protect its debt Right. At this point, the guarantor shall be required of creditors Undertake to guarantee the debt responsibility, and not be permitted to exercise the first complaint against Right of the ground, to law. (2) the people's court accepting the debtor bankruptcy case, suspension of Implementation procedures; People's court accepts the debtor's bankruptcy case, should be When the suspension of law enforcement procedures. In this case, the debtor In fact in a frozen condition of the property, the creditor can not immediately Requiring the debtor to repay the debt. Only through the liquidation of creditors Group file claims and wait for allocation of channels to claim insolvency estate Claims. As the solvency of the estate, often can not make claims Who claims all been achieved. So, if the bankruptcy detection Business people have surety of a suretyship,