According to Article 16 of the Guarantee Law, guarantee includes general guarantee and joint and several liability guarantee, both of which are guarantees under special circumstances.

The risks of bank loans as guarantors are mainly as follows:

1. When the debtor pays the debt, the guarantor needs to pay the debt for the debtor;

2. If the debtor refuses to repay, the bank has the right to take the guarantor to court, which will affect your personal credit;

3, the debtor's repayment responsibility, if the debt is too much, is possible.

Second, what are the risks of the home loan guarantor?

The risk of a family loan guarantor is that when the family is unable to repay _ or all the loans, the guarantor will bear the repayment.

3. What are the risks of the bank loan guarantor?

Subjectivity of law: the bank loan guarantor has the following risks: 1. If the guarantor is at fault after the guarantee contract is confirmed to be invalid, he shall bear corresponding civil liability according to his fault; 2. If the debtor fails to perform the due debt or the parties agree to realize the security interest, he may claim the corresponding rights from the guarantor; 3. Other risks.

Legal objectivity: Article 687 of the Civil Code stipulates in the guarantee contract that when the debtor fails to perform the debt, the guarantor shall bear the guarantee responsibility, which is a general guarantee. The guarantor of general guarantee has the right to refuse to undertake the guarantee liability to the creditor before the main contract has been tried or arbitrated and the debtor's property has not been enforced according to law. Article 688 Where the parties stipulate in the suretyship contract that the surety and the debtor shall be jointly and severally liable for the debts, it is a suretyship of joint liability. When the debtor of joint and several liability guarantee fails to perform the due debt or the circumstances agreed by the parties occur, 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.

4. What are the risks of the loan guarantor?

(A) the risk of a permanent guarantor

If the borrower fails to repay the loan, the guarantor is liable for repayment. Before committing to be a guarantor, you must think clearly, because if you sign the money and debt guarantee, you will be personally responsible for paying off the debts to the lending institution. Even if the relationship between the guarantor and the debtor changes, such as the husband's guarantee for his wife's house purchase loan, and the two eventually divorce, the guarantee will not be affected by the dissolution of the marriage relationship and will still be valid. In other words, once the guarantor signs as a guarantor, he will always become a guarantor unless the borrower is approved by the lending institution to cancel the guarantor qualification.

(2) The risk that the loan amount affects the guarantor.

Under normal circumstances, the borrower repays the loan by himself, and the guarantor need not worry, but the loan amount and monthly payment borrowed by the borrower will generally be displayed in the credit record of the guarantor. When the guarantor needs to apply for any loan by himself, the debt he guarantees will be regarded as his own debt, and usually the lending institution will include it in the debt, which may affect the loan amount of the guarantor.

(3) The guarantor voluntarily guarantees the debt and bears the debt risk.

When lending institutions promise to act as guarantors, they often ask guarantors to sign independent legal consultation documents in law firms or notary offices, referred to as ILA for short. When signing this document, the guarantor can't sign in the same law firm of the borrower, but must find another lawyer to sign and testify, which proves that the legal responsibility of the guarantor has been explained to the guarantor, and the guarantor also understands that he has to bear the debt personally and voluntarily act as the guarantor without any pressure.