1, because according to the regulations, the main contract is not established, so there is no contract;
2. However, if the guarantor is informed when signing the main contract, it constitutes the guarantor's ratification of the main contract and is valid. So it depends on the contents of the main contract and the guarantee contract. Guarantee contract refers to an agreement that the guarantor and the creditor reach a clear relationship of mutual rights and obligations, and when the debtor fails to perform the debt, the guarantor will perform or bear joint liability on his behalf.
Terms of the loan contract:
1, loan contracts generally need to be in written form;
2. A loan contract is a contract in which one party provides a loan and the other party repays the principal and interest when due;
3. The general demand during the period includes important terms such as loan type, currency, purpose, amount, interest rate and term. Lenders may inspect and supervise the use of loans as agreed. The Borrower shall regularly provide the Lender with relevant financial and accounting statements or other materials as agreed;
4. If the borrower fails to use the loan according to the agreed purpose, the lender may stop issuing the loan, recover the loan in advance or terminate the contract;
5. The loan contract shall be in written form, unless otherwise agreed between natural persons. The contents of a loan contract generally include terms such as loan type, currency, purpose, amount, interest rate, term and repayment method.
To sum up, whether the guarantee contract signed before the main loan contract is valid depends on the situation, because according to the regulations, the main contract is not established, so there is no contract; However, if the guarantor is informed when signing the main contract, it constitutes the guarantor's ratification of the main contract and is valid. So it depends on the contents of the main contract and the guarantee contract. Guarantee contract refers to an agreement that the guarantor and the creditor reach a clear relationship of mutual rights and obligations, and when the debtor fails to perform the debt, the guarantor will perform or bear joint liability on his behalf.
Legal basis:
Article 684 of the Civil Code of People's Republic of China (PRC)
The contents of a guarantee contract generally include the type and amount of the principal creditor's rights to be guaranteed, the time limit for the debtor to perform the debt, the way, scope and time limit of the guarantee, etc.