In principle, it should be recognized as a general guarantee. Only when the debtor can't perform the debt, the guarantor will bear the guarantee responsibility.

Legal analysis

According to China's current civil laws and regulations, in order to ensure that their claims can be realized, creditors often ask debtors to provide certain guarantees. This guarantee can be a person's guarantee or a thing's guarantee. The so-called human guarantee is a guarantee. Security of things, including mortgage, pledge, etc. The difference between the two is that the guarantee is that the guarantor provides guarantee for the creditor with his own personality. Property guarantee means that the guarantor provides guarantee for creditors with his own property. When the debtor fails to perform the debt, the creditor can give priority to the property. As far as personal guarantee is concerned, it can include general guarantee and joint guarantee. As far as the establishment of the guarantee relationship is concerned, the parties can sign a written guarantee contract or prove the existence of the guarantee relationship through the guarantee clause in the main contract. Not only that, the guarantor can sign the main contract as the guarantor, but also establish a guarantee contract. According to the latest provisions of the Civil Code of People's Republic of China (PRC), if there is no agreement between the parties on whether the guarantee is a general guarantee or a joint guarantee, it shall be recognized as a general guarantee in principle. Therefore, if the guarantor signs the promissory note, if it is signed as a guarantor without providing property guarantee, a general guarantee should be established according to law. For general guarantee, the creditor can only ask the guarantor to assume the guarantee responsibility on the premise that the debtor can't perform the debt.

legal ground

Article 681 of the Civil Code of People's Republic of China (PRC) * * * A surety contract is a contract in which the surety and the creditor agree that the surety will perform the debt or assume the responsibility when the debtor fails to perform the due debt or the circumstances agreed by the parties appear.

Article 685 of the Civil Code of People's Republic of China (PRC) * * * A guarantee contract can be a separate written contract or a guarantee clause in the principal creditor's rights and debts contract.

If the third party unilaterally makes a written guarantee to the creditor, and the creditor accepts it without raising any objection, the guarantee contract is established.

Article 686 of the Civil Code of People's Republic of China (PRC) includes general guarantee and joint liability guarantee.

If the parties have not agreed on the way of guarantee or the agreement is unclear in the guarantee contract, they shall bear the guarantee liability according to the general guarantee.

How to sign the loan guarantor of Hua Fu Bank?

If the loan guarantor needs to sign, only by signing can he agree to bear the corresponding responsibilities. If you don't sign it, you can't conclude a guarantee contract relationship with the lender, and you can't prove the facts of the guarantor. If you don't recognize it in law, the guarantor will have no guarantee responsibility. If the guarantor is a unit, it needs the signature of the legal representative or the official seal of the unit.

Legal basis: Article 18 of the Guarantee Law of People's Republic of China (PRC). If the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debts, they are joint and several liability guarantors. If the debtor of joint and several liability guarantee fails to perform the debt at the expiration of the debt performance period agreed in the main contract, the creditor may require the debtor to perform the debt, or may require the guarantor to bear the responsibility within the scope of its guarantee.

What kind of guarantee is the signature and seal of the guarantor column of the loan contract? Is it general guarantee or joint guarantee?

There is no general guarantee or agreement that the guarantor shall bear the guarantee responsibility when the borrower fails to perform the debt. There are only two general guarantees, and the rest are joint guarantees.

Signature process of bank loan guarantor

Legal subjectivity:

To obtain a guarantor for a bank loan, the required procedures are as follows: (1) The loan object is a natural person with full civil capacity. (2) Having urban permanent residence or valid residence status requires the borrower to have legal status. (3) Have a stable occupation and income, good credit and the ability to repay the loan principal and interest. (4) There are some differences in down payment requirements among banks. (5) There are assets recognized by the lender as collateral or pledge, or units or individuals that meet the prescribed conditions and have compensatory ability as guarantors to repay the principal and interest of the loan and bear joint and several liabilities. (six) there is a purchase contract or agreement. (7) Other conditions stipulated by the lender. The above is the specific content of the guarantor needed for bank loans.

Legal objectivity:

Article 688 of the Civil Code of People's Republic of China (PRC) stipulates in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, which is a joint liability guarantee. 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. Article 686 of the Civil Code of People's Republic of China (PRC) includes general guarantee and joint liability guarantee. If the parties have not agreed on the way of guarantee or the agreement is unclear in the guarantee contract, they shall bear the guarantee liability according to the general guarantee.