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第六百八十七条 当事人在保证合同中约定,债务人不能履行债务时,由保证人承担保证责任的,为一般保证。
Article 687
Where the parties agree in a suretyship contract that the surety shall undertake
suretyship liability when the debtor is unable to perform his obligation, such a
suretyship is a general suretyship.
一般保证的保证人在主合同纠纷未经审判或者仲裁,并就债务人财产依法强制执行仍不能履行债务前,有权拒绝向债权人承担保证责任,但是有下列情形之一的除外:
A surety in a general suretyship may refuse to undertake suretyship liability to
the creditor before a dispute arising from the principal contract is adjudicated
or arbitrated and the debtor is still unable to fully perform the obligation
after his assets have been enforced in accordance with law, unless one of the
following circumstances occurs:
(一)债务人下落不明,且无财产可供执行;
(1) the whereabouts of the debtor have been unknown and the debtor has no assets
available for enforcement;
(二)人民法院已经受理债务人破产案件;
(2) the people’s court has accepted the debtor’s bankruptcy petition;
(三)债权人有证据证明债务人的财产不足以履行全部债务或者丧失履行债务能力;
(3) the creditor has evidence to prove that the debtor’s assets are insufficient
to perform all of the obligations or the debtor loses his capacity to perform
the obligation; or
(四)保证人书面表示放弃本款规定的权利。
(4) the surety waives his rights provided in this paragraph in writing.
第六百八十八条 当事人在保证合同中约定保证人和债务人对债务承担连带责任的,为连带责任保证。
Article 688
Where the parties agree in a suretyship contract that the surety and the debtor
shall be jointly and severally liable for the obligation, such a suretyship is a
suretyship with joint and several liability.
连带责任保证的债务人不履行到期债务或者发生当事人约定的情形时,债权人可以请求债务人履行债务,也可以请求保证人在其保证范围内承担保证责任。
Where a debtor under a suretyship with joint and several liability fails to
perform his obligation due or when a circumstance agreed by the parties occurs,
the creditor may request the debtor to perform his obligation, or request the
surety to undertake the suretyship liability within the scope of his suretyship.
第六百八十九条 保证人可以要求债务人提供反担保。
Article 689
A surety may request the debtor to provide a counter-security.
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(请在使用前对文本的时效性进行确认,内容以全国人大、国务院等公报为准)