Five situations in which the guarantor is not liable.

The five situations in which the guarantor is not liable are as follows:

1. Change the main contract without the written consent of the guarantor;

2. Beyond the scope of guarantee;

3. Using fraud, coercion and other means to make the guarantor provide a guarantee against his true meaning;

4. The debtor transfers the debt without the written consent of the guarantor;

5. The main contract is invalid and the guarantor has no fault.

Legal persons, other organizations or citizens who have the ability to pay off debts on their behalf may act as guarantors. However, if a legal person, other organization or natural person who does not have full compensation capacity enters into a guarantee contract as a guarantor, the people's court will not support it.

If there are more than two guarantors for the same debt, the guarantors shall bear the guarantee liability according to the guarantee share agreed in the guarantee contract; If there is no agreement on the share of guarantee, the guarantor shall bear joint and several liabilities, and the creditor may require any guarantor to bear all the guarantee liabilities, and all the guarantors are obliged to guarantee the realization of all the creditor's rights.

Legal basis: Article 409 of the Civil Code of People's Republic of China (PRC).

The mortgagee may give up the mortgage or the sequence of the mortgage. The mortgagee and the mortgagor may agree to change the mortgage order and the amount of secured creditor's rights. However, without the written consent of other mortgagees, the change of mortgage right shall not adversely affect other mortgagees.

If the debtor mortgages his own property, and the mortgagee abandons the mortgage, the mortgage order or changes the mortgage, other guarantors shall be exempted from the guarantee liability within the scope of the mortgagee's loss of priority rights, except that other guarantors promise to still provide the guarantee.