Is there any amount in the dunning information received by the guarantor?

Yes Margin refers to the debtor's behavior of taking his own house, car and other property as the guarantee of his creditor's rights, which is called mortgage guarantee. As a way of guarantee, China's laws clearly stipulate whether the debtor's related property can be used as collateral and the related mortgage order.

Guarantee amount clause

The terms of the guarantee amount are related to the scope of the bank's guarantee responsibility. When reviewing the terms of the guarantee amount of the demand guarantee, we should pay attention to whether the following situations exist:

No guarantee amount or guarantee amount exposure is agreed;

The currency and amount of the guarantee are not clearly agreed;

The guarantee amount is inconsistent with the contract amount of the underlying transaction;

The amount of guarantee includes unreasonable expenses;

There is no explicit agreement to reduce the guarantee amount as required.

For the first four cases, the maximum amount of guarantee should be supplemented to avoid the exposure of the amount, and the currency and amount of the guarantee amount must be clear and definite; For the last case, in payment guarantee, advance payment guarantee, construction project performance guarantee and financial lease guarantee, we can consider adding clauses to reduce the amount of guarantee, and clarify the basis for reducing the amount. For example, we can stipulate that "the amount specified in the receipt issued with the beneficiary is reduced, and when the amount is reduced to zero, the guarantee will be invalid".

1. What are the types of secured principal claims?

The type and amount of secured principal creditor's rights is one of the suggestive clauses stipulated in the guarantee law, and it is the content that a mortgage contract should have. The purpose of establishing mortgage is to guarantee the realization of principal creditor's rights, so there should be a clear agreement on the types of principal creditor's rights guaranteed.

In China's civil law, there are four reasons for creditor's rights: contract, negotiorum gestio, unjust enrichment and tort, but the "secured principal creditor's rights" stipulated in the Guarantee Law does not include debt of negotiorum gestio, debt of unjust enrichment and debt of damages. Therefore, the category of secured principal creditor's rights in China's Guarantee Law refers to the category of creditor's rights arising from secured principal contract. The parties shall not mortgage the creditor's rights arising from management without cause, unjust enrichment or tort. According to the provisions of China's contract law, the famous contracts in China mainly include: sales contract, power supply, water, electricity and gas heating contract, gift contract, loan contract, lease contract, financing lease contract, contracting contract, construction project contract, transportation contract, technology contract, storage contract, entrustment contract, disciplinary contract and intermediary contract. In addition to these famous contracts stipulated by law, other legal and effective nameless contracts can also be used as the principal creditor's rights of mortgage guarantee. It should be noted that the mortgage contract does not stipulate or clearly stipulate the types of secured principal creditor's rights, and if it cannot be corrected or inferred according to the main contract and mortgage contract, the mortgage is not established.

2. What is the amount of secured principal creditor's rights?

The amount of secured creditor's rights means that the amount of secured principal creditor's rights should be determined in the mortgage contract. Especially in the case that the parties have not agreed on the scope of guarantee, the scope of guarantee of the mortgagor is often defined according to the amount of the principal creditor's rights guaranteed. Therefore, the amount of secured principal creditor's rights should be specified in the mortgage contract.