Advisory question: is the debtor's collection effective for the mortgagee?
律師解答:XX律師解答
Lawyer answer: Lawyer answer
債權人向債務人收取債權的,對擔保人無效。債權人向擔保人主張債權,對擔保人有效。
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.
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.
連帶責任保證的債權人未在保證期間請求保證人承擔保證責任的,保證人不再承擔保證責任。
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.
相關問題:如果擔保人在擔保期間轉移資產怎么辦?
Related question: what if the guarantor transfers assets during the guarantee period?
擔保人在擔保期間為逃避履行擔保責任而轉讓財產的,債權人可以行使撤銷權,請求法院撤銷財產轉讓。
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.