Legal analysis
A person sentenced to probation can vouch for others. In relevant laws and regulations, there is no provision prohibiting persons sentenced to probation from providing guarantees for others. Legally speaking, providing guarantee for others is a civil act. If the creditor agrees to accept the guarantee provided by the person sentenced to probation, the guarantee contract signed by both parties is legal and valid, and the guarantor shall bear the corresponding guarantee responsibilities according to the agreement in the guarantee contract. You can vouch for others during the probation period. If the other party fails to repay the loan, both parties will be jointly and severally liable. The parties do not want to guarantee now, unless the other party pays off the loan or finds a new guarantor. When the borrower borrowed money, the borrowing department was afraid that the borrower would not be able to pay it back by then, so it was necessary to find someone to guarantee it. With the guarantor, once the borrower fails to repay the loan on the repayment date, the borrower will ask the guarantor to repay the loan. It is with the guarantor's guarantee that the borrower can boldly lend money to the borrower. The parties do not want to guarantee now, it is too late. Only when the borrower pays off the loan or finds a new guarantor can the joint liability of the loan guarantee of all parties be lifted.
legal ground
People's Republic of China (PRC) Civil Code
Article 524 Where the debtor fails to perform the debt and a third party has a legitimate interest in performing the debt, the third party has the right to perform it on behalf of the creditor; However, unless it can only be performed by the debtor according to the nature of the debt, the agreement of the parties or the law. After the creditor accepts the performance of the third party, its creditor's right to the debtor is transferred to the third party, unless otherwise agreed between the debtor and the third party.
Article 683 A legal person organ may not be a guarantor, except that it provides loans for the use of loans from foreign governments or international economic organizations with the approval of the State Council. Non-profit legal persons and unincorporated organizations aiming at public welfare shall not be guarantors.