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最高人民法院关于审理民事案件适用诉讼时效制度若干问题的规定

Article 21

Amended

主债务诉讼时效期间届满,保证人享有主债务人的诉讼时效抗辩权。

保证人未主张前述诉讼时效抗辩权,承担保证责任后向主债务人行使追偿权的,人民法院不予支持,但主债务人同意给付的情形除外。

Judicial Interpretations · Supreme People's Court · In force from September 1, 2008

Article 20Back to full textArticle 22

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