If the debtor commits fraud, the guarantor needs to determine the liability according to the scope of guarantee. If the guarantor does not know during the process of fraud by the creditor, the guarantor does not constitute a crime. However, the guarantor still needs to bear certain civil liabilities. If the guarantor's responsibility is general guarantee responsibility, the guarantor only needs to bear the guarantee responsibility when the debtor can't bear the debt. If the guarantor's liability is joint and several liability, the creditor has the right to ask the guarantor to bear the debt at any time.

Legal analysis

According to relevant laws and regulations, if the parties to the main contract collude to defraud the guarantor to provide a guarantee, the guarantor will not bear civil liability. If the creditor of the main contract uses fraud, coercion and other means to make the guarantor provide a guarantee against his true meaning, if the debtor constitutes fraud, the guarantor will not bear the guarantee responsibility. Under special circumstances, if the guarantor knows or should know that the debtor has committed fraud and participates in fraud, he shall also bear corresponding legal responsibilities. For the debtor's crime of fraud, it needs to be determined strictly based on the actual guarantee responsibility, especially the responsibility determined by different fraud severity is different, and the relevant personnel need to deal with it legally strictly based on the actual guarantee method and guarantee responsibility. Where the debtor and the guarantor jointly deceive the creditor into concluding the main contract and the guarantee contract, the creditor may request the people's court to cancel it. If losses are caused to creditors, the guarantor and the debtor shall be jointly and severally liable for compensation.

legal ground

Article 392 of the Civil Code of People's Republic of China (PRC): If the secured creditor's right has both property and other people's guarantee, if the debtor fails to perform the due debt or the parties agree to realize the security interest, the creditor shall realize the creditor's right according to the agreement; If there is no agreement or the agreement is unclear, and the debtor provides the security of the property by himself, the creditor shall first realize the creditor's right on the security of the property; If a third party provides a guarantee for the property, the creditor may realize the secured creditor's right on the property, or request the guarantor to assume the guarantee responsibility. The third party providing the guarantee shall have the right to recover from the debtor after assuming the guarantee responsibility.