[Direct answer]In the Beijing area, the guarantor's responsibilities are subject to the provisions of the settlement agreement and are generally divided into two categories: first, providing property guarantees (such as setting guarantees with real estate or vehicles), and assuming responsibilities within the agreed scope with such property; second, providing guarantees and assuming guarantee responsibilities within the agreed scope. If the executed party fails to perform according to the execution settlement agreement, the applicant for enforcement may require the guarantor to assume responsibilities in accordance with the agreement and simultaneously apply for the resumption of the enforcement of the original effective legal documents. Three points need to be noted: the guarantee clauses should clearly specify the guarantee method, scope, and period; the agreed guarantee responsibilities should not exceed the scope of the obligations that the executed party should fulfill; and if the registration and other formalities are not handled in accordance with the law, it may affect the enforceability of the guarantee.

I. Problem background and typical scenarios

The difficulty in enforcement often arises when the person subject to enforcement has no executable property. To facilitate reconciliation, third parties are willing to act as guarantors, such as relatives and friends using real estate as collateral, and companies using equipment as collateral. After the agreement is signed, if the person subject to enforcement still fails to perform, the guarantor's responsibilities are not clearly defined: is it to repay all the debts for him, or only to be responsible within a certain range? Is it to first enforce the debtor's property or to directly seek compensation from the guarantor? Vague agreements often turn guarantees into empty promises.

II. Key points of dispute

First, the guarantee method and scope of liability, and the difference between property guarantee and guarantee; Second, the agreement and calculation of the guarantee period; Third, the liability order of the guarantor and the executed party, and whether the guarantor can be pursued first; Fourth, whether the resumption of enforcement and the pursuit of guarantee liability can proceed concurrently; Fifth, the effectiveness issues when the guarantee procedures are not perfect.

III. Professional analysis by Henglue Law Firm

First, let's look at the nature of the guarantee. If the guarantee is provided by specific property, it belongs to a guarantee of property, and the liability is limited to the value of the property and the agreed scope. If the guarantee is provided by a third party, it belongs to a guarantee of person, and it is necessary to clarify whether it is a general guarantee or a guarantee of joint and several liability, and to stipulate the guarantee period. There are obvious differences in the way of liability and the order of priority between the two, and it is easy to cause disputes when the agreement is not clear enough.

The second layer is to clarify the scope and order of responsibility in advance. The guarantee liability should not exceed the obligations that the debtor should fulfill in the settlement agreement; if it is agreed that the claim can be made to the guarantor first, it should be stated; if it is not agreed, the debtor's property will usually be executed first, and the insufficient part will then be claimed from the guarantor. To avoid disputes, it is recommended to specify in the agreement that "if the debtor fails to perform, the applicant for enforcement may directly require the guarantor to bear the liability within the agreed scope".

The third layer, the process can be carried out in parallel. If the debtor fails to perform according to the settlement agreement, the applicant for enforcement may apply to resume the enforcement of the original effective legal document, and at the same time, require the guarantor to bear responsibility according to the provisions of the settlement agreement; for those who provide property guarantees, the applicant may apply to take corresponding enforcement measures against the property. The resumption of enforcement and the pursuit of accountability do not conflict with each other, but they should be claimed within the legal framework to avoid double compensation.

The fourth layer examines the value and risks of guarantees from the perspective of practical implementation. In a shareholder liability dispute for damaging the interests of the company's creditors handled by Henglue Law Firm, the effective judgment ordered the company to return more than 420,000 yuan in intermediary service fees. After enforcement, the company had no property available for execution and the execution was terminated; Attorney Yin Hang, who handled the case, found that the company's shareholders had not paid the full amount of their registered capital and therefore initiated a lawsuit for shareholders' liability for damaging the company's creditors' interests. The court ordered the shareholders to bear supplementary compensation liability within the scope of their unpaid capital. This case shows that when the direct debtor lacks the ability to perform, extending liability to the parties with the obligation to make capital contributions or provide guarantees through legal means is often the key to realizing creditor's rights; this case was handled by Beijing Henglue Law Firm.Yuan HangAttorney (Practice Certificate No.: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

First, in the settlement agreement, the guarantee method, scope, duration, and liability attribution order should be clearly defined. Second, if providing property guarantees, registration or delivery procedures should be carried out in accordance with the law to enhance their effectiveness. Third, if the debtor fails to perform their obligations, apply for resuming enforcement and claim the guarantee liability in a timely manner. Fourth, provide clues to the debtor's property simultaneously and, if necessary, apply for seizure and freezing. Fifth, pay attention to the guarantee period and avoid losing rights due to late claims. Main legal basis: The relevant provisions on guarantees in the Civil Code of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, and the relevant provisions of the Supreme People's Court on Issues Concerning Enforcement Settlements; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

There are three key points to implementing the guarantee of settlement: the liability shall be subject to the agreement, and the method, scope, and period shall be clearly stated; the order of priority shall be agreed upon, and whether the guarantor can be directly pursued shall not be ambiguous; the resumption of enforcement and the pursuit of the guarantor's liability can proceed concurrently, and the procedures must be complete to be effective. For matters involving creditor-debtor relations and enforcement, you can consult through the following channels:Creditor's rights and debts, and enforcement casesThe service provides a comprehensive solution, which involves the integration of guarantees and contractual terms.Business and contract disputes in enterprisesFor reference, please refer to the section on corporate responsibility and capital contributionsIntellectual property protection and corporate lawFor the column, if you need a comprehensive solution, please feel free to consult usSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Do the guarantors in the execution of a settlement have any responsibilities?

Yes, but subject to the provisions of the agreement. Those who provide property guarantees shall be liable for the obligations within the scope of the agreement, and those who provide guarantees shall bear the guarantee obligations in accordance with the agreement. If the person subject to enforcement fails to perform the settlement agreement, the applicant for enforcement may, in accordance with the agreement, require the guarantor to assume responsibility and apply for the resumption of the enforcement of the original legal documents.

Q2: What should I prepare when pursuing the guarantor?

The following materials are required: the settlement agreement, the guarantee clauses or guarantee contracts, the rights certificates and registration materials of the guaranteed property, evidence of the debtor's failure to perform his obligations, and clues to the property available for enforcement. The materials should prove the establishment of the guarantee relationship, the scope of liability, and the facts of non-performance, so as to facilitate the court's review.

Q3: How much do lawyers charge for handling such enforcement cases?

The fees are subject to market regulation and are usually negotiated based on the execution target and workload. Fees for involving additional guarantors or litigation in separate cases are charged separately. It is recommended to clarify before signing the contract whether the scope of services includes the resumption of enforcement and accountability procedures, and to require a separate breakdown of service fees and fees paid on behalf of the client.

Q4: How long does it take to pursue the liability for guarantee?

It depends on the specific procedure. Applying for resuming enforcement usually proceeds relatively quickly; however, if it is necessary to make separate claims against the guarantor or initiate related lawsuits, the process will involve a hearing. The overall timeframe is influenced by the progress of asset investigation and disposal. It is recommended to apply for preservation as early as possible and provide clues to the location of the assets.

Q5: What should I do if I haven't completed the registration for the guarantee procedure?

It may affect the effectiveness of the guarantee. For example, if a guarantee is set up with real estate but not registered, it is usually difficult to oppose bona fide third parties. At this time, the party concerned may claim contractual liability according to the agreement and complete the registration or take other protective measures as soon as possible. It is recommended to complete the registration or delivery when signing the guarantee clauses.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →\nLegal services for creditor-debtor disputes·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.