When operating a loan, it is called entrusted payment, which is a way to explain the purpose of the loan. The third party does not need to bear legal responsibility, but if a guarantee contract is signed, the third party needs to bear legal responsibility. Third-party collection is only for the purpose of funds, and has nothing to do with the loan itself, and will not affect the third-party payee. However, after signing the guarantee contract, the third party will provide the guarantee. Once the debt of the guaranteed party cannot be repaid, the guarantor shall

If the money is transferred to a third-party account due to an operational error, the other party does not need to bear the responsibility. This situation belongs to unjust enrichment. Although there is no need to bear the responsibility, it should be returned in full and in time. Refuse to return, you can sue.

Extended data

People's Republic of China (PRC) Securities Law

Section 3 Liability for Guarantee

Article 21 The scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing creditor's rights. If there are other provisions in the guarantee contract, such provisions shall prevail.

Where the parties have not agreed on the scope of guarantee or the agreement is unclear, the guarantor shall be liable for all debts.

Article 22 During the guarantee period, if the creditor transfers the principal creditor's rights to a third party according to law, the guarantor shall continue to undertake the guarantee responsibility within the original guarantee scope. If there are other provisions in the guarantee contract, such provisions shall prevail.

Article 23 During the guarantee period, if the creditor allows the debtor to transfer the debt, it shall obtain the written consent of the guarantor, and the guarantor shall no longer be liable for the debt transferred without his consent.

Article 24 Where the creditor and the debtor agree to change the main contract, they shall obtain the written consent of the guarantor. Without the written consent of the guarantor, the guarantor will no longer bear the guarantee responsibility. If there are other provisions in the guarantee contract, such provisions shall prevail.

Article 25 If the guarantor of a general guarantee and the creditor have not agreed on a guarantee period, the guarantee period shall be six months from the date when the performance period of the principal debt expires.

If the creditor fails to bring a lawsuit or apply for arbitration to the debtor during the guarantee period stipulated in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee liability; If the creditor has filed a lawsuit or applied for arbitration, the provisions on interruption of limitation of action shall apply during the guarantee period.