1、By contractual
First of all, we can look at it from a contractual point of view. When signing a guarantee contract, the guarantor may negotiate with the creditor and the debtor to stipulate in the contract the method of withdrawing the guarantee. For example, it may be agreed that the guarantor may discharge the guarantee liability when the debtor has fulfilled all the debts or certain conditions have been met. This type of engagement needs to be clearly stated in the contract so that it can be executed smoothly when needed.
Bear the liability for breach of contract
If there is no agreement in the guarantee contract on the way to withdraw the guarantee, or if the guarantor wants to terminate the guarantee relationship in advance, then it needs to bear the liability for breach of contract. According to the provisions of the Civil Code, if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Therefore, if the guarantor wants to withdraw the guarantee, it needs to bear the corresponding liability for breach of contract.
Settle debts
If the debtor has paid off the entire debt, then the security relationship does not exist. In this case, the guarantor can automatically withdraw the guarantee.
Guarantor refers to the person who provides security for the debtor to the creditor in the creditor-debtor relationship. If the debtor is unable to meet the debt, the guarantor will be liable to repay the debt to the creditor. Legally, guarantors can be divided into general guarantors and joint and several liability guarantors.
Notify creditors and debtors
When the guarantor decides to withdraw the guarantee, the creditor and the debtor need to be notified. Notices may be in writing or orally, depending on the circumstances. In the notice, the guarantor needs to clearly state its intention to withdraw from the guarantee, and explain the specific reason and time for withdrawing the guarantee.
and negotiate a solution
After notifying the creditors and the debtor, a settlement needs to be negotiated with them. If the creditor and the debtor agree to withdraw the security, the security relationship may be discharged by consensus. If the negotiation fails, the dispute can be resolved through legal means.
Go through the relevant procedures
In the case of consensus, the relevant formalities need to be completed before the guarantee can be formally withdrawn. These formalities may include signing an agreement, notarization, etc. The specific procedures need to be determined according to the actual situation.
Don't break the law
In the process of withdrawing the guarantee, do not violate the law. For example, do not evade the guarantee liability by making false statements or falsifying evidence. These actions can lead to serious consequences, including legal liability and damage to reputation.
Assess risks carefully
A careful assessment of the risks is required before deciding whether or not to withdraw the guarantee. If the withdrawal of the guarantee is likely to result in a significant risk or loss, then other measures should be considered to mitigate the risk or reduce the loss.
Seek professional advice
It is advisable to seek professional advice during the withdrawal process. You can consult a lawyer or relevant agency to help you understand the legal requirements and contractual agreements. This will better protect your rights and interests. Look for an AI Writer Program