The responsibility of distinguishing several situations: the guarantor knows the fact that the main contract is to repay the loan by loan, and the guarantor should bear the guarantee responsibility; The guarantor doesn't know that the main contract is to repay the loan by loan. The guarantor is not the guarantor of the previous loan contract, and it is generally considered that the guarantee contract is invalid and the guarantor does not assume the guarantee responsibility; The guarantor doesn't know that the main contract is to repay the loan by loan, and the guarantor of the old and new loans is the same person. There are two situations: the guarantor's guarantee period in the previous loan contract has not expired. If the new loan fails to repay the old loan, the guarantor shall bear the guarantee responsibility for the old loan; If the new loan returns the old loan, the guarantor is not responsible for the old loan, but only for the new loan; If the borrower uses the loan according to the purpose agreed in the main contract, the guarantor shall bear the guarantee responsibility for both the original loan contract and the new loan contract; In the previous loan contract, the guarantor's guarantee period has expired, and the guarantor is exempted from the responsibility of the previous contract because of the expiration of the guarantee period, and only undertakes the guarantee responsibility for the new loan contract.

What conditions do loan guarantors need?

1, the solvency of the guarantor. Article 7 of the 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. This article clarifies the basic qualification requirements of the guarantor, that is, "the ability to pay off debts on behalf of the guarantor". The guarantor provides a guarantee for the debtor to the creditor, with the purpose of ensuring that the creditor's right can be realized or the debt can be paid off. Therefore, the ability to pay off on behalf of the debtor is the basic condition of the guarantor.

2. Qualified subject providing guarantee. According to the Guarantee Law, unless otherwise provided by law, any legal person, other organization or citizen who has the ability to pay off debts on his behalf can be a guarantor. For "other organizations" that can be used as guarantors, the Supreme People's Court has stipulated five types in Article 15 of the Interpretation of Guarantee Law: sole proprietorship enterprises and partnership enterprises registered according to law to obtain business licenses; A joint venture registered in accordance with the law and obtained a business license; Chinese-foreign contractual joint ventures registered according to law and obtaining business licenses; Social organizations approved and registered by the civil affairs department; Township, street and village-run enterprises that have been approved to register and obtain business licenses.

3. It is forbidden to provide the subject matter of guarantee.