First, in general, the borrower of a loan contract is the actual user. In the case that the borrower is inconsistent with the actual user, the relativity and validity of the loan contract will not be affected. The loan contract relationship between the borrower and the credit union remains unchanged.

Another legal relationship is formed between the borrower and the actual user, and the rights and obligations of both parties are adjusted by the new legal relationship.

Second, credit cooperatives issue loans in violation of regulations. Generally, the borrower does not meet the loan conditions, but the credit cooperatives still issue loans to him. Whether the loan contract concluded in this case is valid or not needs specific analysis and cannot be considered invalid.

Three, the effectiveness of the guarantee contract is related to the effectiveness of the loan contract. If the loan contract is valid, the guarantee contract is generally valid. If the loan contract is invalid, the guarantee contract is invalid, unless otherwise agreed by the parties.

Four, during the guarantee period, although the actual user is inconsistent with the borrower, the guarantor still has to bear the guarantee responsibility, but "the credit union agrees that the borrower will transfer the loan debt to the actual user, or the credit union and the borrower change the loan contract", unless the guarantor disagrees.

Legal basis:

Article 52 of People's Republic of China (PRC) Contract Law is invalid under any of the following circumstances:

(1) One party enters into a contract by means of fraud or coercion, which harms the interests of the state;

(2) Malicious collusion that harms the interests of the state, the collective or a third party;

(3) Covering up illegal purposes in a legal form;

(4) damaging the public interest;

(5) Violating the mandatory provisions of laws and administrative regulations.

Paragraph 1 of Article 5 of the Guarantee Law of People's Republic of China (PRC): The guarantee contract is subordinate to the main contract, and the main contract is invalid, and the guarantee contract is invalid. If there are other provisions in the guarantee contract, such provisions shall prevail.

Article 23 of the Guarantee Law of People's Republic of China (PRC): During the guarantee period, if the creditor allows the debtor to transfer the debt, it shall obtain the written consent of the guarantor, and the guarantor shall no longer assume the guarantee responsibility for the debt transferred without his consent.

Article 24 of the Guarantee Law of People's Republic of China (PRC); Where the creditor and the debtor agree to change the main contract, they shall obtain the written consent of the guarantor. Without the written consent of the guarantor, the guarantor will no longer bear the guarantee responsibility. If there are other provisions in the guarantee contract, such provisions shall prevail.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.