According to relevant laws and regulations. Adults are people with full capacity for civil conduct and can independently carry out civil legal acts. /kloc-Minors over 0/6 years old whose main source of livelihood is their own labor income are regarded as persons with full capacity for civil conduct. To be a guarantor, a natural person should have reached the age of 18. He cannot become a person with full capacity for civil conduct until he reaches the age of 65,438+08, and he can conduct civil legal acts independently. Among them, a minor who has reached the age of 16 should be regarded as a person with full capacity for civil conduct, that is, the guarantor has an age limit. Only natural persons aged 65,438+08 can become guarantors, and people aged 65,438+06 whose main source of income is their own labor can also become guarantors.
Guarantors are classified as follows:
1. Mortgage guarantee: If the borrower uses the purchased house as loan collateral, it must use the full value of the house as loan collateral; Where real estate is mortgaged, the mortgagor and the mortgagee shall sign a written mortgage contract; The borrower must properly keep the mortgaged property during the mortgage period, be responsible for repairing and maintaining it and ensure that it is intact, and accept the supervision and inspection of the lender at any time. Before the expiration of the mortgage period, the lender shall not dispose of the mortgaged property without authorization; During the mortgage period, the mortgagor shall not mortgage, lease, transfer, sell or give away the collateral again without the consent of the lender;
2. Pledge guarantee: at the time of pledge, the pledgor and the pledgee must sign a written pledge contract, which will be terminated when the borrower pays off all the loan principal and interest; Before the expiration of the pledge period, the lender shall not dispose of the pledged property without authorization. During the pledge period, if the pledge is damaged or lost, the lender shall bear the responsibility and be responsible for compensation.
3. Mortgage plus guarantee: refers to the loan issued by the lender to the borrower on the basis that the borrower has not obtained the property right of the purchased house, and requires the borrower to provide a third-party joint and several liability guarantor with the ability to pay off on behalf of the borrower as the loan guarantee. At present, the developer of the purchased house is generally required to be the guarantor;
4. Guarantee: If the borrower fails to provide collateral in full, a third party recognized by the lender shall provide joint liability guarantee. If the guarantor is a legal person, he must have the ability to repay all the principal and interest of the loan on his behalf and open a deposit account in a bank. If the guarantor is a natural person, the principal and interest have a fixed source of income, have sufficient compensation ability and have a certain deposit in the loan bank; The guarantor and the creditor shall conclude a guarantee contract in writing. If the guarantor is changed, the formalities for changing the guarantor must be handled in accordance with the regulations. Without the approval of the lender, the original guarantee contract shall not be revoked.
Legal basis: Article 683 of the Civil Code of People's Republic of China (PRC).
A legal person organ may not act as a guarantor, except for loans to foreign governments or international economic organizations approved by the State Council.
A legal person not for profit or an unincorporated organization for public welfare may not act as a guarantor.