The guarantee period is the period during which the guarantor bears the guarantee liability, which refers to the period during which the guarantor needs to take responsibility when the debtor fails to perform the debt after the expiration of the performance period of the debt. Before the implementation of the Civil Code, there were two types of time limits for the guarantor to bear the guarantee liability: one was that the unagreed guarantee period was 6 months, which was calculated from the expiration of the performance period of the main debt;The second is that there is an agreement to follow the agreement, if the agreement is unclear, the guarantee period is 2 years. If the agreed guarantee period is less than or equal to the performance period of the main debt, it is deemed that there is no agreement, and it is calculated according to 6 months, and if the guarantee period is agreed to end with the repayment of the principal and interest of the main debt, it is an agreement, but the agreement is unclear, and it is calculated according to 2 years.
After the implementation of the Civil Code, there have been new changes, first of all, there is no change in accordance with the agreement, and for the absence of an agreement and unclear agreement, the guarantee period is unified to 6 months, which reduces the risk of the guarantor's liability. For guarantee contracts established before the implementation of the Civil Code, the Several Provisions of the Supreme People's Court on the Temporal Effect of the Civil Code make transitional provisions. If the agreement is unclear, and the expiration of the performance period of the principal debt is less than 2 years from the date of implementation of the Civil Code, the guarantee period shall be 2 years from the expiration of the performance period of the principal debt. If the parties have not agreed on the guarantee period, and the period for the performance of the principal debt is less than 6 months from the date of implementation of the Civil Code, the people's court shall support the party's claim that the guarantee period is 6 months from the date of the expiration of the period for the performance of the principal debt.
It seems that the provisions of the Civil Code are more friendly to our legal people, whether there is no agreement or the agreement is unclear, the performance period of the main debt has expired for 6 months, which is easy to remember and easy to use!