Ar cle 682 A suretyship contract is an accessary contract subordinated to a principal claim-obliga on contract. Where the principal contract is invalid, the suretyship contract is invalid, unless otherwise provided by law. Where a suretyship contract is determined to be invalid, the debtor, surety, or creditor who are at fault shall each bear civil liability in propor on to their respec ve fault. Ar cle 683 No State-organ leagal person may act as a surety, except that a state organ may, upon approval of the State Council, act as a surety in re-lending of the loans granted by a foreign government or an interna onal economic organiza on. No non-pro t legal person established for public interest purposes or unincorporated organiza on may act as a surety. Ar cle 684 A suretyship contract generally contains clauses specifying the kind and amount of the principal claim that is secured, the me limit for the debtor to perform the obliga on, the modes, scope, and term of the suretyship, and the like. Ar cle 685 A suretyship contract may be a contract concluded separately in wri ng or a guarantee clause in a principal claim-obliga on contract. A suretyship contract is formed when a third person unilaterally makes a guarantee in wri ng to a creditor who accepts it without making an objec on. Ar cle 686 Suretyship consists of general suretyship and suretyship with joint and several liability. Where there is no agreement in the surety contract on the form of the suretyship or the agreement is unclear, the surety shall bear the liability as in the form of a general suretyship. Ar cle 687 Where the par es agree in a suretyship contract that the surety shall undertake suretyship liability if the debtor is unable to perform his obliga on, such a suretyship is a general suretyship. A surety in a general suretyship may refuse to undertake suretyship liability to the creditor before a dispute arising from the principal contract is adjudicated or arbitrated and where the debtor is s ll unable to fully perform the obliga on a er his assets have been enforced in accordance with law, unless one of the following circumstances occurs: (1) the whereabouts of the debtor have been unknown and there is no property available for enforcement; (2) the people’s court has accepted the debtor’s bankruptcy pe on`; (3) the creditor has evidence to prove that the debtor’s property is insu cient to perform all of the obliga ons or the debtor loses his capacity to perform the obliga on; or (4) the surety waives his right provided in this paragraph in wri ng. Ar cle 688 Where the par es agree in a suretyship contract that the surety and the debtor shall be jointly and severally liable for the obliga on, such a suretyship is a suretyship with joint and several liability. Where a debtor under a suretyship with joint and several liability fails to perform his obliga on due or when a circumstance agreed by the par es occurs, the creditor may request the debtor to perform his obliga on, or request the surety to undertake the suretyship liability within the scope of his suretyship. Ar cle 689 A surety may request the debtor to provide a counter-security. Ar cle 690 A surety and a creditor may, through consulta on, conclude a contract of maximum suretyship for oa ng claims to provide guarantee for the creditor’s claims which will arise consecu vely within a certain period of me and the total amount of which is up to the maximum amount of his claims. In addi on to applying the provisions of this Chapter, the relevant provisions of Book Two of this Code on the maximum mortgage for oa ng claims shall be applied muta s mutandis. Sec on 2 Suretyship Liability ti ti ti ti ti ti ti ti ti ti ffi ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ft ti ti ti ti fl fi ti ti ti fl ti ti ti ti ti ti ti ti ti ti 75