Legal analysis
1. If there is no signature on the loan contract or IOU, the intermediary only plays the role of circulating the loan documents and money and witnessing the loan facts. The loan has nothing to do with the intermediary and does not need to bear joint and several repayment responsibilities.
2. If the identity of the guarantor is clearly signed in the loan contract or on vouchers such as IOUs, receipts, IOUs, etc., the guarantor may bear general and joint guarantee liabilities according to the agreed guarantee liabilities. If the loan contract or loan certificate does not clearly stipulate whether it is general guarantee liability or joint guarantee liability, it shall be treated as general guarantee liability.
Three, if the guarantor in the loan contract, IOUs, receipts, IOUs and other documents signed or sealed, but it is not clear whether to assume the responsibility of the guarantor, and there are no other facts to prove that he promised to assume the responsibility of the guarantor, generally not recognized as a guarantor, do not need to bear any guarantee responsibility.
It is suggested that private lending should be treated with caution, and guarantee responsibility should be taken carefully to avoid personal assets loss.
legal ground
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Private Lending Cases Article 20 If someone else signs or seals the creditor's rights certificate or loan contract, such as IOUs, receipts and IOUs, but fails to identify himself as a guarantor or assume the guarantee liability, or cannot be presumed as a guarantor through other facts, the people's court will not support it.
Article 686 of the Civil Code of People's Republic of China (PRC) includes general guarantee and joint liability guarantee. If the parties have not agreed on the way of guarantee or the agreement is unclear in the guarantee contract, they shall bear the guarantee liability according to the general guarantee.