The father's guarantee has nothing to do with the children, and the children do not need to bear the father's guarantee responsibility and guarantee debt. As long as children don't inherit their parents' inheritance, they don't bear the obligation of protection. Even if you inherit the estate, you will also undertake the property guarantee within the scope of the estate. Inheritance shall pay off the taxes and debts that the decedent should pay according to law, and the payment of taxes and debts shall be limited to the actual value of his estate. The part exceeding the actual value of the estate shall be voluntarily repaid by the heir. That is, the debt is paid off within the scope of the estate, and if the debt exceeds the value of the estate, it can not be paid off, that is, the children have no obligation to repay, except voluntarily.
1. What are the guarantee clauses in the loan contract?
It has no effect on adult children. If the guarantor is judged to bear the repayment obligation, the failure to perform the obligation will be included in the list of untrustworthy people, which will have an impact on minor children. The father's guarantee has nothing to do with the children, and the children do not need to bear the father's guarantee responsibility and guarantee debt. As long as children don't inherit their parents' inheritance, they don't bear the obligation of protection. Even if you inherit the estate, you will also undertake the property guarantee within the scope of the estate. Inheritance shall pay off the taxes and debts that the decedent should pay according to law, and the payment of taxes and debts shall be limited to the actual value of his estate. The part exceeding the actual value of the estate shall be voluntarily repaid by the heir. That is, the debt is paid off within the scope of the estate, and if the debt exceeds the value of the estate, it can not be paid off, that is, the children have no obligation to repay, except voluntarily.
(1) If the borrower takes it as collateral and cannot repay the loan to the lender at maturity, the lender has the right to dispose of the collateral. If the borrower repays the loan in full when due, the lender shall return the collateral to the borrower.
(two) the borrower must use the loan in accordance with the purposes stipulated in the loan contract, and shall not be used for other purposes, and shall not use the loan for illegal activities.
(3) The borrower must repay the principal and interest within the time limit stipulated in the contract.
(4) The borrower has the obligation to accept the lender's inspection, supervise the use of the loan, and understand the borrower's plan implementation, operation and management, financial activities, material inventory, etc. The borrower shall provide relevant plans, statistics, financial and accounting statements and materials.
(5) When a guarantor is needed, the guarantor has the right to recover from the lender after performing joint and several liabilities, and the lender has the obligation to repay the guarantor.
Second, the guarantee company charges
The guarantee fee of a guarantee company is usually not fixed, which is mainly determined by the risk. The guarantee fees of borrowers with different loan products and different conditions are usually different. Of course, different guarantee companies charge different fees. Usually, unsecured loans have the highest guarantee fee, because borrowers do not need to provide collateral, and guarantee companies only rely on credit guarantees to bear greater risks, so the guarantee fee is higher. As shown in the above figure, Lu Xun's loan is guaranteed by a guarantee company under the * * Group, and the monthly guarantee fee is 65438+ 0.9% of the total loan. As the borrower repays the principal every month, the monthly guarantee fee is charged according to the total amount, and the actual guarantee fee is higher than 65,438+0.9%/month. * * The company's one-year cash loan guarantee fee is 0.53%/ month, which is lower than that of Lu *, but the company's monthly service fee is higher, usually around 1%. The mortgage guarantee fee varies greatly according to the borrower's conditions, but the annual guarantee rate is 3%-5%, which is far lower than the above unsecured loan guarantee fee. The guarantee fee of low-risk loans such as provident fund loans is lower, and the annual guarantee rate of provident fund loans in most cities is below one thousandth.
I hope the above contents are helpful to you. If in doubt, you can consult a professional lawyer.
Legal basis: Article 686 of the Civil Code. The guarantee methods include general guarantee and joint liability guarantee.
If the parties have not agreed on the way of guarantee or the agreement is unclear in the guarantee contract, they shall bear the guarantee liability according to the general guarantee.