After the agreed repayment period expires, Li Wei can repay the loan. After repeatedly asking for no results, Wang took Li and Tian to court and asked Li to return the loan. Tian assumes joint and several liability for repayment. In order to prove his claim, Wang submitted an IOU to the court. In addition to Li's signature, the guarantor also has Tian's signature. Tian claimed that the word "guarantor" on the IOU was added by the plaintiff afterwards. At that time, he only signed in the name of a witness and should not be jointly and severally liable for the debt. One view is that he should be admitted as a witness. The reason is: Tian, at the request of Li and Wang, signed in the blank space below Li's loan, in order to be a witness of the loan, not a guarantor. In modern economic life, owners often borrow money when they encounter capital turnover problems. In order to ensure the safety of funds, creditors generally require borrowers to provide property guarantees or guarantors. In order to win funds, some borrowers will trick a third person into signing the IOUs. I met a frank third person and signed it without careful examination. In this way, it is inconsistent with the facts of the case if it is simply identified as a guarantor. Tian belongs to this situation in this case. Therefore, Tian's signature should be recognized as a witness's signature. Another view is that it should be recognized as a guarantor. Tian is jointly and severally liable for the loan. The reason is: according to the relevant provisions of the Guarantee Law, "the guarantee of debt refers to the system that the creditor guarantees the debtor to perform the debt with the credit of a third party or with specific property, which is specially stipulated by law to ensure the realization of the interests of specific creditors". "Guarantee" refers to the guarantee method or legal system that a third party other than the debtor guarantees the debtor to perform the debt with its credit. In the private lending relationship, the person who personally proves and witnesses the occurrence of its creditor's rights and debts is the witness. Guarantor, guarantor and witness bear different legal responsibilities because of their different nature and relationship. Therefore, in the loan contract and non-governmental lending relationship, whether signing as a guarantor, guarantor or witness, you must indicate your identity or clearly agree before your name, otherwise you will bear unclear or corresponding legal responsibilities. In that case, why did Tian sign the IOU? The statements of both sides contradict each other. Tian said that he and Li were just ordinary friends, and Li Rang signed the IOU to show his confirmation. Li said that Tian knew in advance that there was a loan, and because Wang asked the guarantor to agree to borrow, he signed the loan. Although Tian defended as a witness, he did not provide any evidence to the court to prove his claim. Furthermore, as a person with full capacity for civil conduct, Tian knows and should know that as a guarantor, guarantor and witness, he should bear different legal responsibilities and consequences in law. When signing the handwritten IOU, you should clearly see or indicate that you are the guarantor or witness, and sign at the guarantor to indicate your guarantee responsibility. Accordingly, Tian's signature on Li's loan should be recognized as a guarantor and bear joint and several repayment responsibilities. The author agrees with the second opinion.
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.