2. When an individual applies for a small bank loan from a bank, both husband and wife do not need to sign it.
First of all, whether a couple needs to sign a loan after marriage depends on the type of loan. Not all loans require the signature of both husband and wife. For example, if one spouse applies for a personal consumption loan, then the applicant can sign it, and the other spouse does not need to sign it on the spot. In some bank loans (such as mortgage loans), it is usually necessary to provide a marriage certificate to judge the marital status of the lender. If you have a marriage certificate, you need the signatures of both husband and wife when you apply for a bank loan, and the signature of one party will be deemed invalid. Since the debt after marriage is now shared by both husband and wife, it is out of the right to know.
Second, there are many kinds of loans, such as car loans, mortgage loans, credit loans, consumer loans, business loans and so on; According to the major categories, it is divided into consumer loans and mortgage loans.
The amount of consumer loans is relatively small and the review is relatively simple.
The amount of mortgage loan is large and the responsibility is great; Auditing is relatively strict and complicated.
Signature means responsibility. If you don't sign, you can say that you are ignorant and passive. Your signature means that you have assumed this responsibility, whether you know this fact clearly or not;
The signature of both husband and wife represents the loan debt of both husband and wife, which needs to be shared by both husband and wife, even if divorced.
Third, not all loan behaviors require the presence of both parties, such as the consumer loan mentioned above. Basically, one spouse can apply separately, and the other spouse is not strictly required to be present to sign; This is the case with information and consumer loans. If it is an ordinary mortgage loan, both husband and wife need to sign and press their fingerprints at the same time. Even their respective pre-marital property (the house was bought unilaterally before marriage without a loan) requires the presence of both husband and wife. After all, this involves the right to know. Remember a word, two people who are married need both sides to be present when large sums of money are involved. After all, you are a complete "individual" after marriage.
Legal basis:
Article 3 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases.
Where the borrower and the lender have not agreed or clearly agreed on the place of performance of the contract, and no supplementary agreement has been reached afterwards, and it is still uncertain according to the relevant provisions of the contract or trading habits, the place of performance of the contract is the place where the recipient is located.