Generally refers guarantor guarantee agreement with creditors, the debt when the debtor is unable to fulfill their responsibility of guarantee by a guarantor behavior.
General ensure that the most important feature is the guarantor of the right to enjoy the first plea. The so-called right of first plea, refers to the general guarantee of the guarantor in the main contract disputes without trial or arbitration, and enforcement of the law on the debtor's property before the debt is still unable to perform, the creditor may refuse to bear the guaranty liability. Visible, the first plea rights guaranteed in the presence of general liability assumed by the guarantor becomes a purely supplementary liability. Meanwhile, the creditor litigation Social debtor only fulfill the requirements of the request after the debt guarantor to assume guarantee responsibilities, the guarantor has the right to reject its claims. Creditor must claim the debtor claims through legal channels and through the courts to enforce, which is a requirement to ensure that the guarantor to assume the responsibility of the premise.
Plea right is a right guarantor, the guarantor can choose to exercise, or it can be discarded. However, it notes that, in the following cases, regardless of the guarantor's subjective will to ensure that a person shall not exercise the right of first plea:
(1) the debtor's domicile change, resulting in the creditor requires to fulfill its obligations major difficulties;
(2) The People's Court accepted the debtor's bankruptcy case, to suspend execution of the program;
(3) The surety waives in writing the right to refuse to bear the guaranty liability.