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What is the responsibility of the loan guarantor?
As we all know, loans generally need collateral. For those who have no collateral, they need a guarantor if they want to borrow money. Guarantor plays an important role in the loan, because if the lender does not repay the loan, then the guarantor will certainly bear certain responsibilities. So what is the responsibility of the loan guarantor? Civil Liability Article 5 of the Guarantee Law of People's Republic of China (PRC): The guarantee contract is an accessory contract to the main contract, and the main contract is invalid, and the guarantee contract is invalid. If there are other provisions in the guarantee contract, such provisions shall prevail. If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults. [1] Article 29 If a branch of an enterprise as a legal person enters into a guarantee contract with a creditor without the written authorization of the legal person or beyond the scope of authorization, the contract or the part beyond the scope of authorization shall be invalid. If the creditor and the enterprise as a legal person are at fault, they shall bear corresponding civil liabilities respectively according to their faults; If the creditor is not at fault, the enterprise as a legal person shall bear civil liability. Joint and several liability Article 16 of the Guarantee Law of People's Republic of China (PRC) has the following ways of guarantee: (1) General guarantee; (2) Joint and several liability guarantee. Article 18 Where the parties agree in the suretyship contract that the guarantor and the debtor shall be jointly and severally liable for the debts, it is a suretyship of joint liability. If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee. Article 19 If the parties have not agreed on the method of guarantee or the agreement is unclear, they shall bear the guarantee liability according to the joint and several liability guarantee. Liability for Guarantee Article 12 of the Guarantee Law of People's Republic of China (PRC): If there are more than two guarantors for the same debt, the guarantors shall bear the guarantee liability according to the guarantee share agreed in the guarantee contract; If there is no agreement on the share of guarantee, the guarantor shall bear joint and several liability, and the creditor may require any one of them to bear all the guarantee liability, and all the guarantors are obliged to ensure the realization of all the creditor's rights. Article 17 If the parties agree in the suretyship contract that the surety shall bear the suretyship liability when the debtor fails to perform the debt, it is a general suretyship. The guarantor of a general guarantee may refuse to undertake the guarantee liability to the creditor before the main contract dispute has been tried or arbitrated and the debtor's property has been enforced according to law. Under any of the following circumstances, the guarantor shall not exercise the rights stipulated in the preceding paragraph: (1) the debtor's domicile changes and the creditor has great difficulties in demanding him to perform his debts; (2) The people's court accepts the bankruptcy case of the debtor and suspends the execution procedure; (3) The guarantor waives the rights stipulated in the preceding paragraph in writing. Article 21 The scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing creditor's rights. If there are other provisions in the guarantee contract, such provisions shall prevail. Where the parties have not agreed on the scope of guarantee or the agreement is unclear, the guarantor shall be liable for all debts. Article 22 During the guarantee period, if the creditor transfers the principal creditor's rights to a third party according to law, the guarantor shall continue to undertake the guarantee responsibility within the original guarantee scope. If there are other provisions in the guarantee contract, such provisions shall prevail. Article 27 A guarantor shall provide a guarantee for continuous creditor's rights in accordance with the provisions of Article 14 of this Law. If the guarantee period is not stipulated, the guarantor may notify the creditor in writing to terminate the guarantee contract at any time, but the guarantor shall be liable for the creditor's rights that occurred before notifying the creditor. Article 28 If the same creditor's right is secured by two things, the guarantor shall be liable for the creditor's right other than the things. If the creditor waives the property guarantee, the guarantor shall be exempted from the guarantee liability within the scope of the creditor's waiver of rights. Article 31 A surety shall have the right to recover from the debtor after assuming the suretyship liability. China's responsibility to the loan guarantor can be summarized into three types, namely, joint and several civil liability and guarantee liability. This is the responsibility of the guarantor. We can think that if the lender does not repay the loan, then the guarantor needs to bear the lender's loan, which means that the guarantor must repay it, so the guarantor is risky.