Guaranteed loan, that's it.
If the debtor fails to repay the creditor's debt at maturity, the creditor may ask the guarantor to repay it. Therefore, the guarantor has the repayment obligation, but this repayment obligation is also limited. More information about the guarantor. Do you want to pay back the money? What is the knowledge about repayment obligation? Next, let me answer this question for you.
1. Does the guarantor want to pay back the money?
If the borrower doesn't pay back the money, the guarantor will.
According to the provisions of the guarantee law, the third party and the creditor agreed that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility as agreed. The third party here is the guarantor, including legal persons, other organizations or citizens who have the ability to pay off debts on their behalf, and the creditors here are both creditors of the principal debt. Here-performing the debt or taking responsibility according to the agreement-is called guarantee debt, and some people call it guarantee responsibility.
Does the guarantor want to pay back the money? What is the repayment obligation?
Second, what is the repayment obligation?
If the loan applicant is unable to repay or refuses to repay, the creditor can directly recourse to the guarantor (that is, the guarantor), and the guarantor must unconditionally fulfill the repayment obligation. If the guarantor is unable to repay, the bank will offset it with the guarantor's property. Including valuables, real estate, frozen wages and so on.
Legal basis: According to the Guarantee Law, if the loan applicant is unable to repay or refuses to repay, the creditor can directly recover from the guarantor (that is, the guarantor), and the guarantor must unconditionally fulfill the repayment obligation. If the guarantor is unable to repay, the bank will offset it with the guarantor's property. Including valuables, real estate, wages, etc.
Three. Guarantor's joint liability guarantee
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 specified in the preceding paragraph:
(a) the debtor's domicile has changed, and the creditor has great difficulty in asking 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.
If the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint liability guarantee.
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.
If the parties have not agreed on the way of guarantee or the agreement is unclear, they shall bear the guarantee liability according to the joint and several liability guarantee.
The guarantor of general guarantee and joint and several liability guarantee enjoys the debtor's right of defense. If the debtor waives the right of defense against the debt, the guarantor still has the right of defense.
Guarantors need to bear civil liability, so I don't suggest that you be a guarantor of others easily. The above content is about whether the guarantor wants to pay back the money and what is the repayment obligation. I hope it will be helpful to your work and study.