Legal subjectivity:

The guarantor does not need to be signed by both husband and wife, but the guarantor must be present to sign. The guarantor's signature on the spot can guarantee the authenticity of the guarantee contract. At the same time, a guarantee contract relationship is established between the loan guarantor and the lender. If the guarantor does not sign on the guarantee contract or signs at the guarantor's place in the loan contract, the relationship between the guarantor and the lender will not be established. Guarantee contract relationship, there is no guarantee liability. Legal objectivity:

Article 687 of the Civil Code: If the parties agree in the guarantee contract that when the debtor is unable to perform the debt, the guarantor shall bear the guarantee liability, it is a general guarantee. The guarantor of a general guarantee has the right to refuse to assume guarantee liability to the creditor until the dispute over the main contract has not been tried or arbitrated and the debtor's property has been legally enforced and the debt cannot be fulfilled, except in one of the following circumstances: (1) The whereabouts of the debtor It is unclear and there is no property available for execution; (2) The People's Court has accepted the debtor's bankruptcy case; (3) The creditor has evidence to prove that the debtor's property is insufficient to fulfill all debts or has lost the ability to perform debts; (4) The guarantor expresses in writing that it waives this clause stipulated rights.