Legal analysis: Whether the personal guarantee loan liability is joint and several depends on the actual situation. According to the relevant laws and regulations of our country, the guarantor shall bear the corresponding legal consequences according to the types of guarantees after providing guarantees for debts. If he is jointly and severally liable, he shall be responsible for paying off the guaranteed debts.

Legal basis: Article 686 of People's Republic of China (PRC) Civil Code 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.

Article 687 General Guarantee refers to the guarantee that the guarantor shall bear the guarantee liability when the debtor fails to perform the debt, as stipulated by the parties in the guarantee contract. Except for one of the following circumstances, the guarantor of general guarantee has the right to refuse to undertake the guarantee liability to the creditor before the main contract has been tried or arbitrated and the debtor's property has not been enforced according to law:

(1) The debtor's whereabouts are unknown and there is no property available for execution;

(2) The people's court accepted the bankruptcy case of the debtor;

(3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or cannot perform debts;

(4) The Guarantor waives the rights stipulated in this clause in writing.

Second, is the lender risky?

Of course, there are risks, and many problems are reflected as follows.

1. There is a huge difference between the repayment plan displayed when applying for a loan and after the loan.

2. The loan contract amount is inconsistent with the actual amount received, and the amount received is much less.

3. Collect a series of fees such as service fee, insurance fee and guarantee fee without reason.

Anyway, there is. These behaviors of the lending platform not only did not inform the lender in advance and obtained authorization, but also were directly used for commercial purposes, which was very bad in nature.

3. What risks should I take to help others make secured loans?

Guarantee is divided into general guarantee and joint guarantee. Under normal circumstances, the surety creditor should claim the debt from the debtor first, and only when the debtor determines that it cannot repay can the surety be required to assume the suretyship liability. Joint guarantee means that the creditor can claim the debt from the debtor and the guarantor at the same time, and the guarantor bears joint and several liability for repayment. There are many risks in providing you with a guarantee.

4. What risks should I take to help others make secured loans? ...

There are two kinds of guarantee: general guarantee and creditor's claim to the debtor first. Only when the debtor determines that it can't repay, can the guarantor be required to bear the guarantee responsibility. Joint guarantee means that the creditor can claim the debt from the debtor and the guarantor at the same time, and the guarantor bears joint and several liability for repayment. Provide a burden

Guarantee is divided into joint and several liability guarantee and general guarantee contract, which stipulates that when the debtor fails to perform the debt, the guarantor shall bear the guarantee responsibility; Joint liability is the guarantee that the guarantor and the debtor bear joint liability for the debt.

In the opinion of the guarantor, if there is no agreement or the agreement is not clear, the guarantor shall bear the guarantee liability according to the joint and several liability guarantee. In this regard, Yuan Guoxing pointed out that literally, when a general guarantee is not fulfilled or cannot be fulfilled, there is still an obligation to be fulfilled. "For example, after the borrower's property is disposed of, it is still not enough to repay the debt, and the guarantor also needs to bear the debt. Therefore, as long as it is a guarantee, there is a risk. "

Think twice about guaranteeing others' loans.

There are also many guarantees at present. Few debtors are missing. In other places, the debtor ran away, the guarantor's deposit and salary account were frozen, and he was released on bail pending trial. If he can't pay his debts for others, the guarantor must think twice before acting.

It is necessary to be cautious to guarantee loans for others. Some public security organs summed up three points that should be paid attention to when providing guarantees for others at the Weibo: First, we should examine the integrity and authenticity of the guaranteed, and don't blindly listen to the introduction and introduction of others; Second, pay attention to the use and destination of loan funds and carry out necessary supervision on their use; Third, the guarantee should be based on your own ability, and you can't use your own real estate and other necessities as collateral.