主合同变更对保证责任的影响

Effects of Contract Alteration on Guaranty Duty

判断主合同变更对保证责任的影响的关键在于区分变更和更改两个概念。在变更主合同以致达到更改原合同的程度时 ,保证人的保证责任随原债之消灭而消灭 ,而变更主合同并未使合同丧失同一性时 ,则保证人之保证责任并非当然消灭 ,其存在方式因情况而有所不同。

The crux of judging the effects of contract alteration on guaranty duty lies in the distinction between contract alteration and contract renew. The guarantor's duty will diminish with the diminished of the primary contract when creditor and debtor promise to alter their former contract so violently that it can be deemed to be a contract renew. For another,the guarantor's duty will still exists when the former contract's identity doesn't lost because of the alteration. Of curse,the way it exists will be different according to the deference of the situation.