Current location - Loan Platform Complete Network - Loan consultation - What are the responsibilities of private loan guarantors?
What are the responsibilities of private loan guarantors?

The so-called guaranteed debt is, legally speaking, the object to which the guarantee is directed. For example, if Zhang San borrows 10,000 yuan from the bank, then Zhang San has a debt of 10,000 yuan to the bank. Zhang San finds Li Si as a guarantee. Li Si guarantees that Zhang San will repay the 10,000 yuan debt to the bank on time, otherwise he will bear joint and several liability. Responsibility, in this example, the debt of 10,000 yuan that Zhang San should repay to the bank is the guaranteed debt. 2. The understanding of "the exemption of guaranteed debts does not affect the existence of guaranteed debts, but the exemption of guaranteed debts will eliminate the guaranteed debts." According to the principles of civil law, the creditor's rights formed due to the guarantee relationship belong to the subordinate creditor's rights, the guaranteed creditor's rights belong to the principal creditor's rights, and the subordinate creditor's rights are subordinate to the principal creditor's rights. The validity status of the principal creditor's rights directly affects the validity status of the subordinate creditors' rights, while the validity status of the subordinate creditors' rights does not. Affects the validity status of the principal claim. Still taking the example just mentioned, Zhang San has a debt of 10,000 yuan to the bank. From the bank's point of view, the bank has a creditor's right of 10,000 yuan against Zhang San. This debt is the principal creditor's right; and Li Si is the principal creditor. The creditor's rights formed by the guarantee of the creditor's rights are subordinate creditor's rights. If the loan contract is invalid, then the guarantee contract will naturally be invalid. If the guarantee contract is invalid, it will not affect the validity of the loan contract, that is, Zhang San should still repay 10,000 yuan to the bank. Legal basis: Article 2 of the "Guarantee Law of the People's Republic of China". In economic activities such as lending, buying and selling, transportation of goods, processing and contracting, if the creditor needs to guarantee the realization of its creditor's rights in the form of guarantee, it may be set up in accordance with the provisions of this law. guarantee. The types of guarantees specified in this Law are guarantees, mortgages, pledges, liens and deposits.