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year

five

moon

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The borrower borrowed money from the bank on.

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Ten thousand yuan is used for the operation, and Dong, Liu and Wang provide joint liability guarantee for it. After the loan expires, if the principal and interest of the loan are not repaid as agreed in the contract, the three guarantors will not assume the guarantee responsibility. The bank then sued the four people to the court and demanded repayment of the loan principal.

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Ten thousand yuan and interest, the other three guarantor shall bear joint and several liability. During the trial, all three guarantors acknowledged the fact that there was a guarantee, but disagreed with the amount of the guarantee, saying that the borrower told them that the amount of the guarantee was

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Ten thousand dollars instead of

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Ten thousand yuan, and when they signed it, they guaranteed that the contract was blank, but there was no relevant evidence to prove it.

During the trial of this case, there are two views on whether the three guarantors should bear the guarantee responsibility and within what scope.

Controversy focus: Does the guarantor need to bear the responsibility when signing a blank guarantee contract?

The first view is that the borrower tells the guarantor that the guarantee amount is

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Ten thousand yuan, the guarantor really means guarantee.

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Ten thousand yuan, beyond the part should not bear the responsibility of guarantee, so the guarantor should be in

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Undertake joint and several repayment responsibilities within the scope of 10,000 yuan,

The second view is that the three guarantors in this case said that they signed a blank contract and did not know that they wanted to borrow money.

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Ten thousand yuan, but can't provide the corresponding evidence, so it is handled by three guarantors.

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Ten thousand yuan to undertake the guarantee responsibility.

Lawyer's statement: How to determine whether the guarantor needs to bear the responsibility?

Agree with the second view for the following reasons:

First, the creditor is not at fault.

In contract dispute cases, we should adhere to the principles of "giving priority to protecting the legitimate rights and interests of bona fide creditors" and "encouraging transactions". In this case, the creditor did not know the fact that the borrower cheated the guarantor. The creditor agreed to borrow money on the basis of trusting the borrower, and the creditor was not at fault.

Second, there is no violation of relevant laws and regulations.

Article 13 of the Guarantee Law stipulates: "In any of the following circumstances, the guarantor shall not bear the guarantee liability: (1) If the parties to the main contract collude, the guarantor shall not bear civil liability. (two) the creditor of the main contract uses fraud, coercion and other means to make the guarantor provide a guarantee against the true meaning. Article 40 of the Judicial Interpretation of the Guarantee Law stipulates: "If the debtor of the main contract makes the guarantor provide a guarantee against his true meaning by means of fraud or coercion, and the creditor knows or should know the facts of fraud or coercion, it shall be handled in accordance with the provisions of Article 30 of the Guarantee Law. "As can be seen from the above provisions, only when the creditor is malicious and the guarantor provides a guarantee against the true meaning can the guarantor be exempted from the guarantee liability. There is no evidence to prove that the creditor knew or should have known that the principal debtor cheated the guarantor, so the three guarantors responded to the lawsuit.

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1 10,000 yuan loan bears the guarantee responsibility.

3. The three guarantors failed to fulfill their duty of care.

Although the three guarantors were told by the borrower that they were borrowing money when signing the contract.

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10,000 yuan to provide a guarantee, but as a person with full capacity for civil conduct, when signing a contract, he should carefully review the contents of the contract and sign it on the premise of completely knowing and understanding the contents of the contract. It is the due diligence obligation of the guarantor to verify the creditor and the real debt. 3. The signing of a blank contract by the guarantor shall be regarded as a waiver of reviewing the relevant materials of the debts it guarantees, and the adverse consequences shall be borne by the guarantor.

The above articles are compiled from the Internet by Hubei Zunli lawyer!