First, whether the guarantor of the civil code IOUs is responsible for not signing.

The guarantor of the loan does not need to bear the guarantee responsibility if he does not sign it.

Article 386 of the Civil Code of People's Republic of China (PRC) * * * If the debtor fails to perform the due debt or the parties agree to realize the security interest, the security interest holder shall enjoy the right of priority compensation for the secured property according to law, except as otherwise provided by law.

Article 388 of the Civil Code of People's Republic of China (PRC) establishes a security interest, and a security contract shall be concluded in accordance with the provisions of this Law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with guarantee functions. The guarantee contract is a subsidiary contract of the main creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise stipulated by law.

If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults.

2. Can the guarantor entrust others to sign?

Yes, but you need to issue a power of attorney. The guarantor cannot sign for various reasons. If the real guarantor knows that you are signing for him, let him issue a power of attorney. Forging the signature of the guarantor, the validity of the guarantee contract is to be determined, and it will not have legal effect on the guarantor without ratification by the guarantor. If so, it may be suspected of loan fraud; In addition, from a civil point of view, it means that there is no actual guarantor. Forged signatures and fingerprints belong to forged evidence, and legal responsibilities can be investigated according to the purpose and circumstances of forged evidence. 2. Article 111th of the Civil Procedure Law stipulates that the people's court may impose a fine or detention according to the seriousness of the case if a litigant or other person commits one of the following acts; Those who constitute a crime shall be investigated for criminal responsibility according to law: those who forge or destroy important evidence and obstruct the trial of the people's court.

Third, the guarantor did not sign a loan contract. Is the guarantee contract valid?

If the guarantor has not signed a loan contract, the guarantee contract has not yet taken effect. However, if the guarantor has fulfilled the main obligations in the guarantee contract, such as providing a guarantee to the creditor and the creditor accepts it, the guarantee contract will take effect.

Legal objectivity:

Article 2 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Private Lending Cases (hereinafter referred to as the Interpretation of Private Lending) stipulates that the people's court will not support the signature or seal of others on the creditor's rights certificate or loan contract, if there are IOUs, receipts or IOUs, but the identity of the guarantor is not indicated or the guarantor is assumed, or the guarantor cannot be presumed by other facts.