发布人：广州禅武堂讨债公司 发布地址：http://www.megapolischeatshack.com/ 文章热度：116
Advisory question: is the debtor's collection effective for the mortgagee?
Lawyer answer: Lawyer answer
Answer: if the creditor collects the creditor's rights from the debtor, it is invalid for the guarantor. The creditor's claim against the guarantor is valid for the guarantor.
Legal point of view:
Civil code of the people's Republic of China
Article 392 where the secured creditor's right is secured by both material security and personal security, if the debtor fails to perform its due obligations or the circumstances agreed by the parties to realize the real right for security occur, the creditor shall realize the creditor's right in accordance with the agreement; If there is no agreement or the agreement is not clear, and the debtor provides the security of the thing itself, the creditor shall first realize the creditor's rights with respect to the security of the thing; Where a third party provides a security of things, the creditor may realize his creditor's rights with respect to the security of things, or may request the guarantor to bear the responsibility of guarantee. After the third party providing the guarantee assumes the guarantee liability, it shall have the right to recover from the debtor.
Article 693 if the creditor of a general suretyship fails to bring a lawsuit or apply for arbitration against the debtor during the term of suretyship, the surety shall no longer bear the suretyship liability.
If the creditor of a suretyship of joint and several liability fails to request the surety to bear the suretyship liability during the suretyship period, the surety shall no longer bear the suretyship liability.
Related question: what if the guarantor transfers assets during the guarantee period?
If the guarantor transfers property during the guarantee period in order to avoid performing the guarantee responsibility, the creditor may exercise the cancellation right and request the court to cancel the property transfer.