Civil Code Article 742
This English translation was last updated on 2021-01-20, but the Chinese text was amended on 2026-08-17. Later amendments may not be reflected in the translation — please refer to the Chinese text.
The guarantor is entitled to take any defense that is open to the principal debtor as a valid defense.He may still take such defenses as valid defenses even if they are waived by the principal debtor.
中文原文 民法第742條
主債務人所有之抗辯，保證人得主張之。
主債務人拋棄其抗辯者，保證人仍得主張之。
主債務人拋棄其抗辯者，保證人仍得主張之。