The guarantee contract is signed by the creditor, the borrower and the guarantor.

Because according to the regulations, the guarantee contract is a subsidiary contract of the main contract, the main contract is invalid, and the guarantee contract is invalid. The main contract is an economic contract concluded between the creditor and the debtor. A guarantee contract is a contract concluded between a creditor and a debtor or a third party to guarantee the realization of the creditor's rights in the main contract.

The difference between guarantor and guarantor includes different concepts and different responsibilities, as follows:

1, with different concepts:

(1) Guarantee is a kind of personal guarantee, which guarantees the borrower with the reputation and property of the guarantor;

(2) Most guarantors use their own property as a guarantee. When the debtor is unable to repay the loan, the creditor has the right to sell or auction the property;

2, the division of responsibilities is different:

(1) Warranty is divided into general liability and joint liability. Where joint liability is agreed, the guarantor shall compensate the debtor if he is unable to repay the loan;

(2) As a guarantor, if the debtor fails to repay the loan, he will also be liable for compensation, and will receive a debt collection letter to the borrower.

3. The guarantor is not only responsible for himself, but also for his heir;

4, the guarantor shall not bear more than the main debtor's debt, if the guarantor has paid off for the main debtor, can bring a lawsuit against the latter, in order to get paid off;

5. The conditions of guarantor and guarantor are different;

6. Different time limits:

(1) The guarantor's liability is limited to 6 months after the repayment date expires. If the creditor does not require the guarantor to bear the liability for compensation, it does not need to bear any liability;

(2) The guarantor depends on whether the scope of guarantee is agreed. If it is not expressly agreed, it shall bear joint and several liability for guarantee. If the guarantee period is not agreed, the creditor has the right to require the guarantor to assume the guarantee responsibility within 6 months from the date of repayment. If there is a similar agreement in the agreement to undertake the guarantee responsibility until the principal and interest of the principal debt are paid off, the guarantee period is two years from the date of the expiration of the debt performance period.

To sum up, the guarantee contract is signed by the creditor, the borrower and the guarantor. Because according to the regulations, the guarantee contract is a subsidiary contract of the main contract, the main contract is invalid, and the guarantee contract is invalid. The main contract is an economic contract concluded between the creditor and the debtor. A guarantee contract is a contract concluded between a creditor and a debtor or a third party to guarantee the realization of the creditor's rights in the main contract.

Legal basis:

Article 699 of the Civil Code of People's Republic of China (PRC)

If there are more than two guarantors for the same debt, the guarantors shall bear the guarantee liability according to the guarantee share agreed in the guarantee contract; If there is no agreement on the share of guarantee, the creditor may require any guarantor to bear the guarantee responsibility within the scope of its guarantee.

Article 700

After assuming the suretyship liability, unless otherwise agreed by the parties, the surety shall have the right to recover from the debtor within the scope of its suretyship liability and enjoy the rights of the creditor to the debtor, but it shall not harm the interests of the creditor.