Current location - Loan Platform Complete Network - Loan intermediary - Is it illegal for banks to let untrustworthy people guarantee loans?
Is it illegal for banks to let untrustworthy people guarantee loans?
Legal analysis

You can't be a guarantor if you have the responsibility to break your promise. The guarantor has the qualifications prescribed by law, that is, meets the prescribed conditions: irrelevant to the case; The enjoyment of political rights and personal freedom is unrestricted; Having a fixed residence and permanent residence in the local area; Have the ability to fulfill the guarantee obligations; There is no obvious record of default;

legal ground

Article 388 of the Civil Code of People's Republic of China (PRC) establishes a security interest, and 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. .