The debtor breaches any of the contractual stipulations, for example, fails to pay or delays the payment of interests or the principal, etc.; 债务人违反了合同条款,如偿付利息或本金发生违约或逾期等;
When it comes to the relationship between the guarantor and the principal debtor, it is necessary to provide each contract with reasonable accordance, based on which the guarantor enjoys necessary rights against the principal debtor. 从保证人与主债务人的关系上考察,保证合同的发生都存在一定的原因基础。正是这原因基础,保证人对主债务人享有必要的权利。
When measuring the interests of the creditor, the principal debtor and the guarantor in a guarantee relationship, it should be noticed that the ultimate aim is for the principal debtor to clear off all the debts and reach a satisfying consensus. 在衡量保证关系中债权人、主债务人、保证人利益时,债的最终目的应该是以主债务人的最终清偿而达到理想效果。
Based on the stability of the relationship between social lives, the debtor, mortgage and other interested parties such as multi-interests, the principal debt statute of limitations expired, the mortgagee should be eliminated. 基于对社会生活关系的稳定性、债务人、抵押人和其他利害关系人等多方利益的考虑,主债权诉讼时效届满,抵押权应当消灭。
The various national and regional legislations have not only stipulated the afterwards relief rights of the guarantor against the principal debtor, but also provided the prior relief rights enjoyed by the guarantor against the principal debtor. 各国、各地区立法既规定了保证人对主债务人享有的事后救济权利,又规定了保证人对主债务人享有的事先救济权利。