Current location - Quotes Website - Personality signature - The guarantor of the loan agreement only signed it. Is it effective?
The guarantor of the loan agreement only signed it. Is it effective?
1. Is it valid for the guarantor to sign only his own name on the loan slip?

1. The guarantor's signature on the promissory note is a confirmation of the guarantee behavior and has legal effect.

2. If there is no clear guarantee method, you need to bear the general guarantee responsibility.

3. Legal basis: Article 686 of People's Republic of China (PRC) Civil Code includes general guarantee and joint liability guarantee.

If the parties have not agreed on the way of guarantee or the agreement is unclear in the guarantee contract, they shall bear the guarantee liability according to the general guarantee.

Second, does the general guarantor have the right of first appeal?

1. According to the provisions of the Civil Code, the general guarantor enjoys the right of first appeal. If the main contract dispute is not decided according to law and the debtor's property is enforced according to law, the general guarantor may refuse to assume the guarantee liability to the creditor.

2. Legal basis: Article 687 of the Civil Code of People's Republic of China (PRC) stipulates in the guarantee contract that when the debtor fails to perform the debt, the guarantor shall bear the guarantee responsibility, which belongs to the general guarantee.

The guarantor of a general guarantee has the right to refuse to undertake the guarantee liability to the creditor before the main contract dispute has been tried or arbitrated and the debtor's property has been enforced according to law, except in one of the following circumstances:

(1) The debtor's whereabouts are unknown and there is no property available for execution;

(2) The people's court has accepted the bankruptcy case of the debtor;

(3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or cannot perform debts;

(4) The Guarantor waives the rights stipulated in this clause in writing.

It is also legally binding for the guarantor to only sign the loan. If there is no clear guarantee method in the loan, it belongs to general guarantee. Before the debtor's property cannot be performed after enforcement, the guarantor may refuse to perform the guarantee responsibility.

I hope the above content can help you. If you have any other questions, please click the button below to consult a professional lawyer.