Current location - Quotes Website - Personality signature - The guarantor signed a blank sheet of paper and didn't even see the contract at last. Is this a guarantee?
The guarantor signed a blank sheet of paper and didn't even see the contract at last. Is this a guarantee?
have no use for

Article 13 of the Guarantee Law stipulates: "In any of the following circumstances, the guarantor shall not bear the guarantee liability: (1) If the parties to the main contract collude, the guarantor shall not bear civil liability. (two) the creditor of the main contract uses fraud, coercion and other means to make the guarantor provide a guarantee against the true meaning. Article 40 of the Judicial Interpretation of the Guarantee Law stipulates: "If the debtor of the main contract makes the guarantor provide a guarantee against his true meaning by means of fraud or coercion, and the creditor knows or should know the facts of fraud or coercion, it shall be handled in accordance with the provisions of Article 30 of the Guarantee Law. "As can be seen from the above provisions, only when the creditor is malicious and the guarantor provides a guarantee against its true meaning can the guarantor be exempted from the guarantee liability. In this case, there is no evidence to prove that the creditor knew or should have known that the principal debtor cheated the guarantor, so the three guarantors should bear the guarantee responsibility for the loan of 500,000 yuan.

The way of guarantee refers to the way of realizing guarantee with security interest stipulated in the Security Law, including mortgage, pledge, guarantee, lien and deposit. In particular, the guarantee belongs to PICC, and the credit guarantee we often say refers to the nature of property protection. Regarding the scope of application of guarantee, there are many other debts of unjust enrichment and civil and commercial activities that can be guaranteed in the relationship between the law of power and responsibility guarantee. Guarantee Law and Judicial Interpretation of Guarantee Law have a comprehensive understanding of guarantee. In the practice of guarantee business, guarantee companies are also trying to explore, establish guarantee style on the basis of the original guarantee method, standardize legal risks and promote the smooth development of guarantee business. As a guarantee company, how to improve the risk management ability quickly is the key to practice internal strength. The first thing the guarantee company should deal with is how to improve its risk management ability, and make great efforts in the following aspects to complete the construction of our risk management system by practicing internal strength. First of all, it is necessary to form a perfect internal control mechanism and business balance mechanism. Guarantee companies should establish internal control system of checks and balances to prevent risks through collective wisdom. The guarantee company can set up three links: front, middle and back. As a pioneer department, the security department needs a clear division of labor and checks and balances. It is very important for guarantee companies to establish a scientific risk assessment system. Evaluate the guarantee risk and reduce human error. The guarantee company evaluates the customer according to the reference and comprehensively evaluates the customer's characteristics.