The responsibilities of bank loan guarantors are divided into general guarantee and joint liability guarantee. General guarantee means that when the borrower still cannot bear the debt through litigation, the guarantor shall bear the guarantee responsibility; Joint and several liability of guarantee means that the creditor can ask the borrower or any of the guarantors to bear the responsibility, which is not limited by the borrower's ability.

If both parties have no agreement or unclear agreement on the liability for guarantee, it is joint and several liability for guarantee.

Article 18 of the Guarantee Law stipulates that if the parties agree in the guarantee contract that the guarantor and the debtor shall bear joint liability for the debt, it is a joint liability guarantee. If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.

? The legal liability of the guarantor can be divided into joint and several liability and general liability. Where the debtor undertakes joint and several liability, the debtor who undertakes joint and several liability shall be liable for all debts agreed in the main contract. And the general guarantor, only when the debtor can't perform the debt, the guarantor assumes the guarantee responsibility, and assumes the guarantee responsibility within the scope of guarantee.

? A loan guarantor refers to a legal person, other organization or citizen who has the ability to pay off debts on behalf of the guarantor and creditors and can act as a guarantor. Schools, kindergartens, hospitals and other public welfare institutions and social organizations shall not be used as guarantors. Branches and functional departments of an enterprise as a legal person shall not act as guarantors. No unit or individual may force banks and other financial institutions or enterprises to provide guarantees for others; Banks and other financial institutions or enterprises have the right to refuse to force them to provide guarantees for others.

Responsibility of bank loan guarantor

The guarantor of the bank loan shall bear the following guarantee responsibilities: 1. Civil liability: the guarantee contract is a subsidiary contract of the main contract, the main contract is invalid, and the blind tomato guarantee contract is invalid. If there are other provisions in the guarantee contract, such provisions shall prevail. If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults. 2. Joint and several liability: If the guarantor who is jointly liable for the guarantee and the creditor have not agreed on the guarantee period, the creditor has the right to require the guarantor to assume the guarantee responsibility within 6 months from the expiration of the independent debt performance period. 3. Guarantee (guarantee) liability: If the parties agree in the guarantee contract that the guarantor shall bear the guarantee liability when the debtor fails to perform the debt, it is a general guarantee. The guarantor of a general guarantee may refuse to undertake the guarantee liability to the creditor before the main contract dispute has been tried or arbitrated and the debtor's property has been enforced according to law. According to the national regulations, the guarantor guarantees the continuous creditor's rights in accordance with Article 14 of the Guarantee Law. If the guarantee period is not agreed, the guarantor may notify the creditor in writing to terminate the guarantee contract at any time, but the guarantor shall be liable for the creditor's rights that occurred before Zhenshan notified the creditor.

What responsibility does the bank loan guarantor need to bear?

Legal responsibilities of the loan guarantor:

Article 12 Where 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 guarantor shall bear joint and several liability, and the creditor may require any guarantor to bear all the guarantee liability, and the guarantor is obliged to ensure the realization of all the creditor's rights.

The surety who undertakes the suretyship liability has the right to recover from the debtor, or ask other sureties who undertake joint liability to pay off their share.

In this regard, Article 7 of China's Guarantee Law stipulates that legal persons, other organizations or citizens who have the ability to pay off debts on their behalf may act as guarantors.

Article 21 The scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing creditor's rights. If there are other provisions in the guarantee contract, such provisions shall prevail.

Where the parties have not agreed on the scope of guarantee or the agreement is unclear, the guarantor shall be liable for all debts.

Where the parties have not agreed on the scope of guarantee or the agreement is unclear, the guarantor shall be liable for all debts.

During the guarantee period, if the creditor transfers the principal creditor's rights to a third party according to law, the guarantor will continue to bear the guarantee responsibility within the original guarantee scope; If there are other provisions in the guarantee contract, such provisions shall prevail.

During the guarantee period, if the creditor allows the debtor to transfer the debt, it shall obtain the written consent of the guarantor, and the guarantor shall no longer be liable for the debt transferred without his consent.

Where the creditor and the debtor agree to change the main contract, they shall obtain the written consent of the guarantor. Without the written consent of the guarantor, the guarantor will no longer bear the guarantee responsibility; If there are other provisions in the guarantee contract, such provisions shall prevail.

Where the guarantor of a general guarantee and the creditor have not agreed on the guarantee period, the guarantee period shall be 6 months from the date when the performance period of the principal debt expires.

References:

Baidu encyclopedia entry loan guarantor _

What responsibility does the loan guarantor need to bear?

Responsibility of loan guarantor

1, civil liability

The guarantee contract is a subsidiary contract of the main contract. The main contract is invalid, and the guarantee contract is invalid. If there are other provisions in the guarantee contract, such provisions shall prevail. If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults.

If a branch of an enterprise as a legal person enters into a guarantee contract with a creditor without the written authorization of the legal person or beyond the scope of authorization, the contract or the part beyond the scope of authorization is invalid. If the creditor and the enterprise as a legal person are at fault, they shall bear corresponding civil liabilities respectively according to their faults; If the creditor is not at fault, the enterprise as a legal person shall bear civil liability.

2. Joint liability

(1) If the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debts, it is a joint liability guarantee. If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.

(2) If the parties have not agreed on the way of guarantee or the agreement is unclear, they shall bear the guarantee liability according to the joint and several liability guarantee.

(3) 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 guarantor shall bear joint and several liabilities, and the creditor may require any guarantor to bear all the guarantee liabilities, and all the guarantors are obliged to guarantee the realization of all the creditor's rights.