Intermediaries may bear legal liability.
1. It needs to be distinguished according to the nature of the intermediary:
1. The intermediary is the guarantor, who bears responsibility during the guarantee period;
2. The intermediary is the intermediary. , in real life, many loans are obtained through the intermediary. The intermediary's matching of loans is an intermediary service, and the intermediary has certain responsibilities for the debtor to repay the debt.
According to the provisions of the Civil Code, the intermediary is obliged to truthfully report to the client the relevant circumstances of the signing of the loan contract. If the intermediary conceals any behavior, the intermediary will have certain responsibilities after the debtor escapes. At this time, The middleman can be sued.
According to legal provisions, an intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for concluding a contract, and the client pays remuneration.
The intermediary shall truthfully report matters related to the conclusion of the contract to the client. If an intermediary intentionally conceals important facts related to the conclusion of a contract or provides false information, thus harming the interests of the client, he shall not be required to pay remuneration and shall be liable for damages.
3. The middleman only acts as a voluntary introducer and does not require any remuneration. No liability is assumed at this time.
Second, it depends on the role of the intermediary, whether it is a witness or a guarantor. The role is different, and the responsibility of the signature is different.
The middleman can be understood as just a witness or matchmaker, that is, to contact the two parties for the transaction. As for whether the transaction will be successful, the middleman cannot predict. When there is a dispute between two parties, the intermediary only acts as a certifier.
The guarantor must bear joint liability when there is a dispute over the debts of both parties. That is to say, if Party B is unable to repay, Party A has the right to pursue compensation from Party C, the intermediary. Party C, as the guarantor, is jointly and severally responsible for repaying Party B's debts.
3. Whether the intermediary bears responsibility or not, the key depends on whether the intermediary was informed and what role it played.
For example, in the crime of fraud, the middleman in the fraud case knowingly participated in the fraud, is a criminal in the fraud case, and will be investigated for criminal liability as a criminal; if there is evidence to prove that the middleman I really didn’t know that this was a fraud. The intermediary does not bear criminal liability, but it does bear civil liability for compensation. If the intermediary acts as a guarantor in a guarantee contract, the intermediary will be held liable when the debtor is unable to repay the debt.
The middleman can be understood as just a witness or matchmaker, that is, to contact the two parties for the transaction. As for whether the transaction will be successful, the middleman cannot predict. When there is a dispute between the two parties, the intermediary only plays the role of a certifier. The guarantor must bear joint liability when there is a dispute over the debts of both parties. That is to say, if Party B is unable to repay the debt, Party A has the right to seek compensation from Party C, the intermediary. Party C, as the guarantor, is jointly and severally responsible for repaying Party B's debts.
Is the intermediary responsible for not repaying the money?
If the intermediary who borrows the money is at fault, he needs to bear certain legal responsibilities. Only the guarantor needs to bear the corresponding legal responsibilities. If The parties have signed a guarantee contract. If the debtor cannot repay the debt on time, the guarantor needs to assume its guarantee liability according to the agreement.
It needs to be distinguished according to the nature of the intermediary:
1. The intermediary is the guarantor, which bears responsibility during the guarantee period;
2. The intermediary is the intermediary, and during the guarantee period In real life, many loans are obtained through intermediary matching. The intermediary's matching of loans is an intermediary service, and the intermediary has certain responsibilities for the debtor to repay the debt.
In summary, the intermediary has an obligation to truthfully report to the client the relevant circumstances of the loan contract. If the intermediary conceals any behavior, the intermediary will have certain responsibilities after the debtor escapes. At this time, it can Sue the middleman. According to legal provisions, an intermediary contract is a contract in which the intermediary reports to the client the opportunity to conclude a contract or provides intermediary services for concluding a contract, and the client pays remuneration. In real life, one of the behaviors of the parties may have violated the legal provisions of our country in different fields. For example, if there is no money for compensation, then there will not only be civil compensation measures, but also some compensation measures.
< p>Legal basis:"Criminal Law of the People's Republic of China": Article 25
Common crime refers to two or more persons committing the same crime with the same intention crime.
If two or more persons commit crimes with the same negligence, they shall not be punished as having committed the same crime; if they should bear criminal responsibility, they shall be punished separately according to the crimes they committed.
Article 164 of the "People's Republic of China and Civil Code"
If the agent fails to perform or fails to fully perform his duties and causes damage to the principal, he shall bear civil liability. responsibility. If the agent and the counterparty collude maliciously and damage the legitimate rights and interests of the principal, the agent and the counterparty shall bear joint and several liability.
Article 178 of the "People's Republic of China and Civil Code"
Where two or more persons bear joint and several liability in accordance with the law, the right holder has the right to claim part or all of the joint and several liability People take responsibility. The liability share of the jointly and severally liable persons is determined based on the size of their respective responsibilities; if it is difficult to determine the size of the liability, the responsibilities will be shared equally. A jointly and severally liable person whose actual liability exceeds his or her share of liability shall have the right to recover compensation from other jointly and severally liable persons.
Article 681 of the "People's Republic of China and Civil Code":
The guarantee contract is to ensure the realization of the creditor's rights. The guarantor and the creditor agree that when the debtor fails to perform, A contract in which the guarantor performs the debt or assumes liability when a debt is due or circumstances agreed upon by the parties occur.
Article 961 of the "People's Republic of China and Civil Code":
An intermediary contract is one in which the intermediary reports to the client the opportunity to conclude a contract or provides the opportunity to conclude a contract. Media services, contracts whereby the principal pays remuneration.
Article 688 of the "People's Republic of China and Civil Code":
If the parties agree in the guarantee contract that the guarantor and the debtor shall bear joint and several liability for the debt, they shall be jointly and severally liable for the debt. Liability guaranteed. When the debtor under a joint liability guarantee fails to perform the due debt or a situation stipulated by the parties occurs, the creditor may request the debtor to perform the debt or request the guarantor to assume the guarantee liability within the scope of its guarantee.
Article 962 of the "People's Republic of China and Civil Code":
The intermediary shall truthfully report to the client matters related to the conclusion of the contract. If an intermediary deliberately conceals important facts related to the conclusion of a contract or provides false information and damages the interests of the client, it shall not request payment of remuneration and shall bear compensation liability.