
法律英语每日阅读
Where both property posted as security and suretyship are provided to secure a creditor's right, if the debt or fails to pay the due debt or falls under any circumstance where security interest shall be exercised as agreed upon by the parties,the creditor shall exercise the creditor's right as agreed; in the absence of such an agreement or if such an agreement is ambiguous, if the debtor itself or himself provides a property as security, the creditor shall first exercise the creditor's right with such a property; if a third party provides a property as security, the creditor may either exercise the creditor's right with such a property or claim the guarantor's assumption of suretyship.
被担保的债权既有物的担保又有人的担保的,债务人不履行到期债务或者发生当事人约定的实现担保物权的情形,债权人应当按照约定实现债权;没有约定或者约定不明确,债务人自己提供物的担保的,债权人应当先就该物的担保实现债权:第三人提供物的担保的,债权人可以就物的担保实现债权,也可以请求保证人承担保证责任。