Current location - Loan Platform Complete Network - Bank loan - Is it valid for one of them to falsely sign a joint guarantee loan contract?
Is it valid for one of them to falsely sign a joint guarantee loan contract?
The guarantee contract is a subsidiary contract, and its effectiveness depends on the main contract. Under normal circumstances, if the private lending master contract is true and effective, then the guarantee is effective. The guarantor has his own bank loan. As the financial loan contract and the private lending contract are different fields and unrelated to each other, the guarantor still needs to bear the guarantee responsibility for private lending. The liability of guarantee is a relatively heavy civil liability of the guarantor. If the debtor lacks good faith or fails to pay off on time, then the responsibility for repayment will be transferred to the guarantor, who may eventually pay off all the money on his behalf. Therefore, if it is not a special case, we need to be cautious about whether to play the role of guarantor.

1. If it has been sealed, the contract agreed to be sealed will take effect. When the debtor fails to perform the debt, the guarantor shall perform the debt or assume the responsibility as agreed.

2. If it has been sealed, but the contract needs my signature or my signature and seal to take effect, and I don't sign it, then the contract has no legal effect.

If there is no seal and signature, then this contract has no legal effect. Contract law:

Article 8 A legally established contract is legally binding on the parties. The parties shall perform their obligations as agreed, and shall not alter or terminate the contract without authorization. Contracts established according to law are protected by law. Guarantee law:

Article 5 A guarantee contract is a subsidiary contract of the main contract. If the main contract is invalid, the guarantee contract is invalid. If there are other provisions in the guarantee contract, such provisions shall prevail. To sum up, an effective guarantee contract should first meet the constitutive requirements of the contract law; In addition, the main contract must also be valid.