I often meet customers with IOUs or IOUs and say to me, "Lawyer Ke, I lent Li Xiaoming100,000 yuan and gave me a guarantee! Although Li Xiaoming is poor, Wang Meimei is rich. Go and help me get my money back! " Then I saw three words before Wang Meimei's signature, which blinded my dog witness. After explaining why you can't ask Wang Meimei for money, the parties often shout and fall for it. They are indignant and scold Wang Meimei's ancestors for 18 generations, but it is too late.
This also means that most people still can't tell a witness from a guarantor.
To put it simply, if Wang Meimei is the guarantor, we can invoke the relevant provisions of the Guarantee Law to make Wang Meimei pay back the money for poor Li Xiaoming and realize the creditor's rights of all the victims. Although the suretyship liability can be divided into general suretyship and joint suretyship, in any case, suretyship is clearly stipulated in the suretyship law, and it is the most easily generated and effective right in the whole suretyship law-as long as the surety agrees to undertake the suretyship liability, such as signing his name after the surety of the contract or various terms, or writing the words "I am willing to undertake the suretyship liability".
The Guarantee Law also provides for mortgage, pledge, lien and deposit, all of which require specific conditions. For example, mortgage loans usually need to be registered with relevant departments; Pledge and lien are to give something to the other party, and lien must meet certain conditions. Not everyone can take things at will. Because the deposit is used more, most people know that the other party has to pay the money to take effect, otherwise it is equivalent to not saying the deposit.
It is too complicated. What if you can't remember?
Get rid of the idea of guarantor and let people write directly about guarantor. If you ask people to write anything, both witnesses and references should be written, that means there is something wrong with that person! You won't be cheated if you don't listen to the explanation.
After the guarantor signs, he expresses his willingness to undertake the guarantee responsibility. Theoretically, he should be willing to bear all the guarantee responsibilities stipulated in the Guarantee Law, but because he only meets the conditions of the guarantor, he is finally allowed to bear the guarantee responsibility.
To sum up, although there is only one word difference between the witness and the guarantor, they are really not a species, just as the producer of * * * and the party concerned are not a party. Otherwise, you dare to say that the * * * production party is a * * * test party?
Witness to borrower
Don't think I'm trying to collect words. I know that in general, people can't tell apart unless they are suddenly mentally retarded. But the problem is that some situations just make you confused and unconscious. If you don't believe me, let's take a look at the following scene. Is it particularly familiar?
Li Xiaoming, the nephew of your third aunt's family, came to your house with his beautiful wife Wang Meimei to borrow 40,000 yuan for your children to go to school. You mumble, "Li Xiaoming can get married, but why can I only be single dog with the title of Gao Fushuai?" While taking out his mobile phone to prepare WeChat or Alipay, Li Xiaoming looked at you anxiously and said, "Brother, I'm going to give this money to someone else soon. I don't have a card today. Not much money. You give me cash! " You think of the legal knowledge that you must keep the payment record when lending money to others, and you hesitate to say, "There is no running water in the bank ..." Li Xiaoming pulled Wang Meimei to the front and said loudly, "Brother, I, Li Xiaoming, am not the kind of person who borrows money and doesn't pay it back! If you are worried, let my wife testify and let her sign! " You think it's good to have someone as a witness, and it's not authentic to refuse again. Only at Li Xiaoming's urging can I open my briefcase and give him the money. He wrote you an IOU, and Wang Meimei marked "Reference: Wang Meimei" in the lower right corner of the IOU. Then he didn't pay the money as expected. A few years later, you sued the court and asked them to pay jointly. Therefore, the judge held that the money was Li Xiaoming's personal debt and had nothing to do with Wang Meimei. At this time, Wang Meimei couldn't stand Li Xiaoming's incompetence and divorced him. Li Xiaoming conscience, the children and the house to Wang Meimei, innocent and went out.
You can't scoop another bowl of water from the dry river bed. Li Xiaoming is the river bed, and your money is this bowl of water.
The essence of the above situation is that there is no distinction between witnesses and borrowers. Because the witness and the borrower are husband and wife, there are different opinions even in the legal field. Before the promulgation of the Interpretation of Several Issues Concerning the Application of Laws in the Trial of Cases Involving Husband and Wife Debt Disputes (hereinafter referred to as the Interpretation of Husband and Wife Debt Disputes), the court has been applying Article 24 of the Interpretation of Several Issues Concerning the Application of Marriage Law (II), so a few professionals believe that such cases should continue to be recognized as husband and wife debts. However, after the promulgation of the Interpretation of Husband and Wife Debt Disputes, many professionals think that the provisions of Article 2 should be invoked. During the existence of husband and wife, borrowing in the name of an individual does not exceed the daily needs of the family, and if the spouse knows and does not object, it should belong to the same debt of husband and wife. However, judging from the court's judgment tendency after the promulgation of Interpretation of Husband and Wife Debt Disputes, judges are more inclined to distinguish the difference between witnesses and borrowers in the expression of will. Because the spouse only signs after the witness, it means that he has no debt with his spouse. This view, on the one hand, connects the public ownership of husband and wife's property in marriage law and the principle of contract relativity in contract law, on the other hand, it also guides and forces civil and commercial subjects to actively regulate trading behavior by sacrificing case justice.
Therefore, if the husband and wife want to repay the loan together, they have to sign the loan-both husband and wife sign after the borrower.
Witness = witness
Witness, Baidu's first basic definition is that a witness can testify on the spot, which is basically equivalent to a witness.
We often use witnesses in criminal cases such as murder, arson, robbery and rape. Over time, in order to distinguish the seriousness and legal nature of things, witnesses in civil and commercial law are habitually called witnesses. Only by exploring its role in legal activities from the nature of its identity can it undoubtedly be classified as a witness.
The testimony of a witness will affect its credibility for many reasons, such as identity, but please remember to go to the notary office if you need to witness. Although it is a bit troublesome, it can reduce many problems left over.