It is not because it is necessary to accept everything in the nonresistance because it has stood surety. I think that it should even at least know, and understand the following right because it becomes a standpoint of guarantor.
- Applying following character of cautionary obligation
The main debt becomes invalid or is canceled, and the guarantor's obligation disappears along with it. Moreover, only the same decreases as for the cautionary obligation if the person who is borrowing money repays part and the amount of money of the main debt decreases. This is called an applying following character of the cautionary obligation.
- Two right to refuse payments and replenishments of cautionary obligation
The guarantor has the right first told the main debtor to demand when paying to guarantors earlier than claims of the creditor to the main debtor and claiming it. This is called the right to refuse payment of the notification.
Next, it is possible to demand , saying that "It wants you to execute it to the property first of all because the main debtor has the solvency, and compulsory execution is also possible" even if it demands payment from the guarantor after the creditor presses the main debtor. This is called the right to refuse payment of the retrieval.
These two right to refuse payments are the one based on the replenishment of the cautionary obligation that the guarantor pays for the first time in there are no funds only to pay to the main debtor.
- Profit of discretion
The cautionary obligation comes to allot it this separately for equality among three people as long as there is no special decision when the debt between the creditor and the main debtor is guaranteed by three people. This is called the profit of the discretion between guarantors. However, it is limited at a usual simple guarantee, and it is not possible to insist that it be possible to insist on the profit of this discretion at the Renki guarantee.
(AA)難波金融伝 ミナミの帝王 劇場版105 商工ローン・保証人の落とし穴