Legal analysis

Intermediaries are divided into paid intermediaries and unpaid intermediaries. If the paid intermediary fails to fulfill its corresponding obligations, it needs to bear the responsibility according to its fault. If the unpaid intermediary has no major fault, it generally does not need to bear the responsibility. First of all, it depends on the role of the middleman, whether it is a witness or a guarantor. Different roles have different responsibilities for signatures. A middleman can be understood as just a witness or a matchmaker, that is, a transaction between two parties. As for the success of the transaction, the middleman can't predict. When there is a dispute between the two sides, the middleman is only a reference. The guarantor shall be jointly and severally liable in the event of a debt dispute between the two parties, that is to say, if Party B is unable to repay, Party A has the right to recover from the intermediary Party C.. As a guarantor, Party C shall be jointly and severally liable for the repayment of Party B's debts. 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. The guarantee methods include 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.

legal ground

Article 687 of the Civil Code of People's Republic of China (PRC) stipulates in the suretyship contract that when the debtor fails to perform the debt, the surety shall bear the suretyship responsibility, which is a general suretyship. The guarantor of a general guarantee has the right to refuse to assume 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, except in one of the following circumstances: (1) the debtor's whereabouts are unknown and there is no property available for execution; (2) The people's court has 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.