When the borrower is unable to repay, the guarantor needs to bear the guarantee responsibility. If it is a joint guarantee, after the loan expires, the bank can choose to ask the borrower and the joint guarantor to bear the repayment responsibility. Where a general guarantee is agreed, the bank may require the general guarantor to assume the guarantee responsibility when the debtor fails to perform the repayment obligation. The ways of guarantee in Article 16 of the Guarantee Law are as follows: (1) General guarantee; (2) Joint and several liability guarantee. Article 17 If the parties agree in the suretyship contract that the surety shall bear the suretyship liability when the debtor fails to perform the debt, it is a general suretyship. The guarantor of a general guarantee may refuse to undertake the guarantee liability to the creditor before the main contract has been tried or arbitrated and the debtor's property has been enforced according to law. Under any of the following circumstances, the guarantor shall not exercise the rights stipulated in the preceding paragraph: (1) the debtor's domicile changes, and it is difficult for the creditor to ask him to perform his debts; (2) The people's court accepts the bankruptcy case of the debtor and suspends the execution procedure; (3) The guarantor waives the rights stipulated in the preceding paragraph in writing. Article 18 Where the parties agree in the suretyship contract that the guarantor and the debtor shall be jointly and severally liable for the debts, it is a suretyship of joint liability. If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee. Article 19 If the parties have not agreed on the method of guarantee or the agreement is unclear, they shall bear the guarantee liability according to the joint and several liability guarantee.

What are the consequences of a bank loan as a guarantor?

Legal analysis: The risks of bank loans as guarantors mainly include the following points:

1. When the debtor fails or defaults maliciously, the guarantor needs to repay the debt for the debtor;

2. If the debtor refuses to repay, the bank has the right to take the guarantor to court, which will affect personal credit;

3. If the debtor fails to repay the debt, the guarantor needs to bear the repayment responsibility. If you have too much debt, it may lead to the bankruptcy of the guarantor and the embarrassment of life.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 681 A suretyship contract is a contract in which the surety and the creditor agree that the surety will perform the debt or assume the liability when the debtor fails to perform the due debt or the circumstances agreed by the parties occur.

Article 685 A suretyship contract may be a separate written contract or a suretyship clause in the principal creditor's rights and debts contract.

3. What are the legal consequences of the loan guarantor?

1. The legal liabilities of the guarantor include joint guarantee and general guarantee: (1) Joint guarantee means that the creditor can choose the debtor or the guarantor to demand repayment of the debt as long as the debtor fails to repay the debt when it is due; (2) General guarantors have different responsibilities. It should be that when the debtor fails to repay the debt at maturity, the guarantor may not bear the responsibility before the loan is tried or arbitrated and the debtor's property is enforced according to law. 2. The law also stipulates that if there is no general guarantee or joint guarantee when signing a guarantee contract, it is regarded as joint guarantee.

4. What will happen if the guarantor is not repaid with the bank loan?

Usually, bank loan guarantees are divided into two types: general guarantees and joint liability guarantees. In the case that the borrower has not yet made a loan to the bank, the guarantor needs to bear the general guarantee liability or joint liability.

General guarantee responsibility refers to the need for the guarantor to bear the remaining loan after all the borrower's assets are used to offset the loan.

Joint and several liability guarantee means that the guarantor, like the borrower, has the responsibility to pay off all debts. If the borrower can't change the loan, the bank can ask the guarantor to pay off the debt.