2. People from other places can't make loans as guarantors. Usually, banks have the same household registration requirements for borrowers and guarantors. If the guarantor is a foreign household registration, there is also a huge repayment risk for the bank. 3. A person without financial resources can't be a guarantor, because the guarantor's responsibility is that when the borrower fails to repay on time, the guarantor has the responsibility and obligation to help the borrower repay. Guarantors have no financial resources, so they naturally have no repayment ability.
4. Retirees can't guarantee loans to others. Generally speaking, people who have retired are not eligible for bank guarantees, whether economically or in age. The loan guarantor refers to the behavior that the guarantor and the lender agree that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility according to the agreement.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 386 Where the debtor fails to perform the due debt or the parties agree to realize the security interest, the holder of the security interest shall have the priority to be compensated for the secured property according to law, except as otherwise provided by law.
Article 387 Where a creditor needs security in order to ensure the realization of his creditor's rights in civil activities such as lending, buying and selling, he may establish a security interest in accordance with the provisions of this Law and other laws. If a third party provides a guarantee for the debtor to the creditor, it may require the debtor to provide a counter-guarantee. The provisions of this law and other laws shall apply to counter-guarantee.
Article 388 To establish a security interest, a security contract shall be concluded in accordance with the provisions of this Law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with guarantee functions. The guarantee contract is a subsidiary contract of the main creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise stipulated by law. 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.
Article 389 The scope of guarantee of a security interest includes the principal creditor's right and its interest, liquidated damages, damages, expenses for keeping the secured property and realizing the security interest. Unless otherwise agreed by the parties, such agreement shall prevail.
Article 390 During the guaranty period, if the mortgaged property is damaged, lost or expropriated, the owner of the secured property may get the insurance money, compensation or compensation in priority. If the performance period of the secured creditor's rights has not expired, the insurance money, compensation or compensation may also be deposited.
Article 391 Where a third party provides a guarantee and the creditor allows the debtor to assign all or part of the debt without its written consent, the guarantor shall no longer bear the corresponding guarantee liability.
Article 392 Where the secured creditor's right is secured by both things and other things, if the debtor fails to perform the due debt or the parties agree to realize the security right, the creditor shall realize the creditor's right in accordance with the agreement; If there is no agreement or the agreement is unclear, and the debtor provides the security of the property himself, the creditor shall give priority to the realization of the creditor's right with respect to the security of the property; Where a third party provides a property guarantee, the creditor may realize the creditor's right with respect to the property guarantee, or may require the guarantor to assume the guarantee responsibility. The third party providing the guarantee shall have the right to recover from the debtor after assuming the guarantee responsibility.
1. The relationship with the lender is husband and wife, because they have the same economy. If one person can't pay the loan and the other person can't pay the loan, then the guarantee is meaningless.
2. People from other places can't make loans as guarantors. Usually, banks have the same household registration requirements for borrowers and guarantors. If the guarantor is a foreign household registration, there is also a huge repayment risk for the bank. 3. A person without financial resources can't be a guarantor, because the guarantor's responsibility is that when the borrower fails to repay on time, the guarantor has the responsibility and obligation to help the borrower repay. Guarantors have no financial resources, so they naturally have no repayment ability.
4. Retirees can't guarantee loans to others. Generally speaking, people who have retired are not eligible for bank guarantees, whether economically or in age. The loan guarantor refers to the behavior that the guarantor and the lender agree that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility according to the agreement.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 386 Where the debtor fails to perform the due debt or the parties agree to realize the security interest, the holder of the security interest shall have the priority to be compensated for the secured property according to law, except as otherwise provided by law. Article 387 Where a creditor needs security in order to ensure the realization of his creditor's rights in civil activities such as lending, buying and selling, he may establish a security interest in accordance with the provisions of this Law and other laws. If a third party provides a guarantee for the debtor to the creditor, it may require the debtor to provide a counter-guarantee. The provisions of this law and other laws shall apply to counter-guarantee.
Article 388 To establish a security interest, a security contract shall be concluded in accordance with the provisions of this Law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with guarantee functions. The guarantee contract is a subsidiary contract of the main creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise stipulated by law. 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.
Article 389 The scope of guarantee of a security interest includes the principal creditor's right and its interest, liquidated damages, damages, expenses for keeping the secured property and realizing the security interest. Unless otherwise agreed by the parties, such agreement shall prevail.
Article 390 During the guaranty period, if the mortgaged property is damaged, lost or expropriated, the owner of the secured property may get the insurance money, compensation or compensation in priority. If the performance period of the secured creditor's rights has not expired, the insurance money, compensation or compensation may also be deposited.
Article 391 Where a third party provides a guarantee and the creditor allows the debtor to assign all or part of the debt without its written consent, the guarantor shall no longer bear the corresponding guarantee liability.
Article 392 Where the secured creditor's right is secured by both things and other things, if the debtor fails to perform the due debt or the parties agree to realize the security right, the creditor shall realize the creditor's right in accordance with the agreement; If there is no agreement or the agreement is unclear, and the debtor provides the security of the property himself, the creditor shall give priority to the realization of the creditor's right with respect to the security of the property; Where a third party provides a property guarantee, the creditor may realize the creditor's right with respect to the property guarantee, or may require the guarantor to assume the guarantee responsibility. The third party providing the guarantee shall have the right to recover from the debtor after assuming the guarantee responsibility.