The parties have an agreement on joint and several liability guarantee, but the guarantee contract is only sealed, if the contract is concluded by the parties according to law. It is also effective. Generally speaking, a contract takes effect when the parties sign, seal or press their fingerprints. Signature, stamp or fingerprint are all effective signature methods.

legal ground

Article 143 of the Civil Code

A civil juristic act that meets the following conditions is valid:

(1) The actor has corresponding capacity for civil conduct;

(2) the meaning is true;

(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

Article 490

If the parties enter into a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it.

Article six hundred and eighty-eight

If the parties agree in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint liability guarantee.

When the debtor of joint and several liability guarantee fails to perform the due debt or the circumstances agreed by the parties occur, the creditor may require the debtor to perform the debt, or may require the guarantor to assume the guarantee liability within the scope of its guarantee.