Instruction
1
To terminate the agreement defines your responsibilities as a guarantor of credit obligations, the agreement of the parties. Usually require an agreement with the Bank that the guarantor will be another individual that will be able to agree to the borrower. Discuss the question of a possible termination of the guarantee , first, by the borrower, then the Bank that issued the credit. The best option for you would be mutual agreement of all stakeholders, which solves the problem.
2
If for some reason, failed to agree, the guarantee is terminated only on the basis of article 367 of the Civil Code of the Russian Federation in the following cases:- termination of the obligation provided by the guarantee;
- when the obligation that resulted in increasing the liability of the surety without his consent;
while transferring debt to another person, if the guarantor has not given its consent;
- at refusal of the creditor to accept the proper performance of the obligation offered by the debtor or guarantor;
upon completion of the period specified in the contract of guarantee.When drawing up the contract of suretyship may be made other grounds for its termination. Carefully review this section of the agreement before signing it.
- when the obligation that resulted in increasing the liability of the surety without his consent;
while transferring debt to another person, if the guarantor has not given its consent;
- at refusal of the creditor to accept the proper performance of the obligation offered by the debtor or guarantor;
upon completion of the period specified in the contract of guarantee.When drawing up the contract of suretyship may be made other grounds for its termination. Carefully review this section of the agreement before signing it.
3
If none of the methods does not suit you, contact the court for termination of the contract of suretyship, elaborate motivation for such a decision. The usual basis for filing a lawsuit is an indication of your confusion relating to the subject matter of the contract; in this case there is the chance to achieve the recognition of the contract null and void. However, practice shows that in most cases, claims of this kind the courts do not satisfy. But try still stands.