Whether a loan contract that is not signed by me is valid or not needs to be determined according to the following circumstances: 1. If I authorize others to sign the contract on my behalf, the contract signed by others will also have legal effect on me. If someone else signs a contract without authorization, I don't recognize his agency authority, and the rights and obligations of the contract shall be borne by the signatory, which has no legal effect on me.

Legal analysis

If the person signing the loan contract is not himself, the validity of the contract will be judged according to different situations, but the adoption agreement, divorce agreement and bequest and maintenance agreement involve personal contracts and must be handled by the parties themselves, except those that cannot be signed by others. If the agent obtains its authorization and signs a loan contract within the scope of authorization, the signing behavior at this time is valid and the contract is established and valid according to law. If an agent signs a contract with a third party in the name of another person without his authorization, the validity of the contract shall be determined according to law, and the validity of the contract depends on his ratification. If I approve, this contract will take effect for me. If I don't approve or refuse to approve, the contract has no legal effect on me. At this time, the contract has no effect. The signing of the contract shall comply with the provisions of the contract law. If the counterpart knows or should know that the actor has no right to act as an agent, the counterpart and the actor shall bear the responsibility according to their respective faults.

legal ground

Article 171 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * If an actor acts as an agent after he has no power of attorney, exceeds his power of attorney or terminates his power of attorney, it will not be effective to the principal without ratification by the principal. The counterpart may urge the principal to ratify it within 30 days from the date of receiving the notice. If the trustor fails to declare it, it shall be deemed as refusal to ratify it. Before the act committed by the actor is ratified, the bona fide counterpart has the right to revoke it. Revocation shall be made by notice. If the act committed by the actor is not ratified, the bona fide counterpart has the right to demand the actor to perform the debt or demand the actor to compensate for the damage he has suffered. However, the scope of compensation shall not exceed the benefits that the counterpart can obtain when the principal ratifies. If the counterpart knows or should know that the actor has no right to act as an agent, the counterpart and the actor shall bear the responsibility according to their respective faults.

Is the loan contract valid without my signature?

As the case may be:

1. The content is legal, the signing of the contract is the true intention of both parties, both parties have fulfilled their main obligations in the loan relationship, and the loan contract is valid;

Two. If the above conditions are not met, the loan contract is invalid.

Article 146 of the Civil Code: the civil legal act carried out by the actor and the counterpart for false meaning is invalid.

The validity of a concealed civil juristic act with false intention shall be handled in accordance with relevant laws and regulations.

Is the loan contract I signed invalid?

Without my signature or someone else's signature, the loan contract is invalid to me, and I don't need to undertake the contractual obligations.

If the signer uses another person's signature without authorization, the fraudulent person shall bear the contract liability. It's against my will if you sign the contract yourself without a power of attorney. You can bring your own non-signature certificate (explanation) and the original ID card to communicate with the signatory to terminate the contract.

Someone took my ID card to get a loan, but I didn't sign it. Can he do it?

Someone took my ID card to get a loan, but I didn't sign it. Can he do it?

Usually not.

Not afraid of 10 thousand, just afraid of one thousand. If it's done, you become a creditor. (e.g. cooperation of insiders)

If you borrow your ID card on purpose, it is reasonable to assume that at least you are an accomplice.

If you lose your ID card, please report it to the police immediately.

If someone else takes his ID card to get a loan, but you don't sign it, according to the regulations of the bank, the loan applicant must bring the corresponding materials and certificates and apply in person. It's impossible not to sign it!

See: loan specification materials.

1, sanbao loan

The three operating economic entities are linked by their respective industrial and commercial certificates, guarantee each other and lend money to banks;

Requirements for loan procedures: provide my identity certificate, household registration book, marriage certificate, industrial and commercial certificate, tax certificate, cash flow, business status and other relevant certificates, and the repayment person is the person in charge of various businesses;

Mortgage loan/securities loan

Taking real estate as a mortgage loan means taking real estate (real estate) as a mortgage and applying for a loan for a lender with a business enterprise (industrial and commercial license).

2. Requirements for loan procedures: identity certificate of the lender's husband and wife, household registration book, marriage certificate, house ownership certificate, land certificate (or copy), business license, tax registration certificate, income certificate, bank capital flow and house evaluation report.

Someone took my ID card to get a loan, but I didn't sign it when I made the loan. The money has not been returned yet. The bank set my ID card in black and white. What should I do?

Sue the bank and ask the bank to show evidence of your loan. If you didn't take the loan yourself, the bank would definitely not be able to take it out. Even if you take it out, someone else will take out the loan. If you can't prove that you borrowed money, the bank will certainly lose the case. In turn, it will be prosecuted for lax review and dereliction of duty. It will also make it up to you.

Someone took my ID card to get a loan. I don't agree. Can he buy it?

If he borrows money, he may lend it out. You should report the loss in time.

Someone else took my ID card account book for 5 days. Can he borrow money?

You can't. Bank loans are not only as simple as having a ledger, but also have many auditing procedures, including the use of loan funds and repayment ability. As for the loan you entrusted, it is even more difficult. The reason is simple: you need countless audits to do it yourself, let alone be entrusted. Oh, by the way, where is the Garden of Eden where users can borrow money?

Can others borrow money with my ID card and credit card?

Definitely not. It's not that simple. Just rely on someone else's ID card, don't worry.

Can someone else take my ID card to get a mortgage? I don't sign it myself.

You can try to apply for a loan through China Merchants Bank. There is no prophase. If you are already a user of China Merchants Bank and downloaded the mobile banking app of China Merchants Bank, you can try to log in to mobile banking, my-all-loans-I want loans.

Or borrow money by credit card; Log in to Pocket Life and click "Card Finance"-"I want to borrow money" below, subject to the audit results.

Non-China Merchants Bank card (no China Merchants Bank area) can try to apply for "e-loan" and need to download the operation of China Merchants Bank Pocket Life APP.

Can someone else use my ID card and the original account book for a loan?

It was a long time ago that you said that you only needed an ID card for the loan. Now the regular platform needs to contact me and my relatives and friends by phone. If you don't apply, you must make it clear to the organization or platform to avoid misunderstanding. Personal advice is to store your personal information to avoid disclosure!

What if someone uses my identity to get a loan?

supplement

1. If the first loan is more than 2 years away from the agreed repayment time, you can claim to request the court to reject the other party's request exceeding the limitation of action; 2. Follow-up IOUs should also be signed by you. Without your signature, you can't admit that you have no repayment obligation. 1. Your brother's first loan: (1) You were there when you used your ID card, and you said yourself, "I don't remember whether you signed it at that time." It is very likely that you signed the IOU at that time, otherwise the credit union would not come to your house to find you. (2) If you signed the loan contract, this is the money you borrowed. If your brother doesn't pay back, the credit union will ask you to pay back and sue you in court. (3) If you just borrowed your ID card and didn't sign a loan contract at that time, you can refuse to admit that you have been to your home, or you can refuse to admit that this is your loan and let the credit union go to court. Credit cooperatives have to provide evidence to prove that you were there and signed a loan contract before they can get court support. Otherwise, the credit union will review the loan itself and can't find you. 2. Your brother's other funds: when transferred to your name, you will not be responsible without your signature. The key now is: first of all, you should find out whether the original loan contract was signed by you and whether the subsequent loans were transferred to your name. If you find out the situation, you can decide what to do: whether to repay according to law and find evidence to recover from your brother, or not to admit or agree to repay.

Can someone else get my ID number to apply for a card?

Your id number

That can't handle anything.

Only the original and photocopy of the ID card can handle business.