Guarantee refers to the legal system that the parties realize their creditor's rights in order to urge the debtor to perform his debts according to the law or the agreement between the two parties. The guarantee is usually signed by both parties. Guarantee activities shall follow the principles of equality, voluntariness, fairness, honesty and credibility.
Investment guarantee companies mainly use houses or things as collateral, allowing customers to apply for loans through guarantee companies, which act as intermediaries to guarantee customers, allowing banks to lend money quickly and act as third-party guarantees.
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Matters needing attention in guarantee
1, no guarantee. When concluding a guarantee contract, the guarantor, out of affection, lacks due credit investigation on the guaranteed person and blindly signs the guarantee contract.
2, don't guarantee administrative orders (or leadership intervention). This guarantee violates the principle of voluntariness. Whether to set up a guarantee, the form of guarantee, the scope of debt, etc., is not agreed by the parties, but is set by leading cadres in the form of administrative orders or intervention, which is prone to disputes.
3. Don't bribe the guarantee. This kind of guarantee is often achieved by bribing or giving gifts to set up a guarantee contract. For example, Li has set up a building materials factory somewhere and is in urgent need of liquidity. Li found a bureau leader: "Our factory is in urgent need of 654.38+10,000 yuan. I have already worked as a loan institution, and I am short of a guarantor. I will give you 65438+ 10,000 after the job is done. " The leader made a guarantee in the name of the bureau. Later, Li's building materials factory closed down due to product quality problems, and Li escaped, so the bureau suffered losses and the leaders were investigated.
4. Don't know nothing about protection. Some people don't examine the subject qualification of the guarantor, and don't clearly stipulate the scope of guarantee, the term of responsibility and the way of responsibility, so they blindly stamp the guarantee contract and say, "Anyway, I will repay the loan myself, and I just go through the formalities with a stamp." Only when something goes wrong can I wake up like a dream.
5. Don't invalidate the guarantee. China's "Guarantee Law" stipulates that only legal persons, other organizations or citizens who have the ability to pay off debts on their behalf are qualified as guarantors, state organs, schools, kindergartens, hospitals and so on. Can't be a guarantor. If these legal entities and social organizations are used as guarantors, the guarantee contract will be invalid because they do not have the subject qualification, which should be paid more attention to when concluding the guarantee contract.
Baidu encyclopedia-guarantee