What 保证 means
A guarantee is distinct from a mortgage or pledge over specific assets. The guarantee agreement should identify the secured obligation, scope, form of liability and relevant period, while mandatory Civil Code rules may affect enforceability.
Cross-border groups often use parent or affiliate guarantees. Execution authority, company approvals, scope and the distinction between general and joint-and-several guarantee liability should be checked carefully.
Where you see the term
Translation note
保证 is “guarantee” in the Civil Code security context. Do not automatically translate it as “warranty”, which usually relates to product or contractual assurances.
Primary legal basis
Example
A parent company signs a short “letter of guarantee” for a subsidiary’s purchase contract. The document must be analysed as a legal guarantee rather than assumed to be a non-binding comfort letter.
Primary authorities.
18 Sep 2026