Private lending contracts do not require the signature of the guarantor, and private lending is signed by the lender and the borrower. The guarantor only needs to sign the guarantee contract. Article 388 To establish a security interest, a security contract shall be concluded in accordance with the provisions of this Law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with guarantee functions. The guarantee contract is a subsidiary contract of the main creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise stipulated by law. If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults. Article 667 A loan contract is a contract in which the borrower borrows money from the lender, repays the loan at maturity and pays interest. The loan contract is in written form in principle, which is conducive to the performance of the loan contract and ensures the safety of capital transactions. The loan contract of financial institutions as lenders is usually a standard clause contract. (1) The contents of the loan contract shall include the type, currency, purpose, amount, interest rate, term and repayment method of the loan. 1. loan type: the loan type is determined according to the borrower's economic industry, loan purpose and loan term. Banks should determine the types of loans according to the corresponding accounting subjects of loans. 2. Loan purpose: Loan purpose refers to the scope and content of the loan used by the borrower. The purpose of the loan is an important clause in the loan contract. The borrower must truthfully declare the purpose of the loan, and the borrower must use the loan according to the purpose agreed in the loan contract, and the fund shall be used exclusively, and shall not be used for other purposes in violation of the provisions of the contract. 3. The loan amount refers to the amount of borrowed funds. 4. The loan interest rate should be divided into different interest rate grades according to the type, purpose, quantity and term of the loan, which is generally expressed by the monthly interest rate. 5. The loan term is the loan term agreed by both borrowers in the contract, and the loan term is determined according to the type and purpose of the loan. 6. The source of repayment funds refers to the channel through which the borrower obtains the loan repayment funds. 7. The repayment method refers to the settlement method adopted by the borrower to repay the loan to the lender. Repayment methods often include regular interest, repayment of principal at maturity, regular interest, repayment of principal by installments, and repayment of interest at principal. In any case, it must be indicated in the contract. If it is repayment by installments, it is also necessary to specify the loan amount and specific time for each repayment. 8. Warranty clause. Banks make different guarantee contracts according to different guarantee methods. 9. The liability for breach of contract is the legal liability that the parties should bear if they fail to perform their contractual obligations. Guarantor, the guarantor should have the economic strength to repay the loan on behalf of the debtor, and the guarantor should sign a loan agreement. According to the provisions of the Guarantee Law and the Interpretation of the Guarantee Law, the guarantor should be a legal person, other organization or citizen with full civil capacity established according to law. The following units and individuals may not act as guarantors: ① State organs (except those specially approved by the State Council); Schools, kindergartens, hospitals and other public welfare industry units and social organizations; (3) Branches and functional departments of an enterprise as a legal person (but if the branches are authorized by the legal person in writing, they can provide guarantees within the scope of authorization); (four) the amount of guarantee exceeds the provisions of the articles of association of enterprises; 2. Mortgage, pledge (1) If buildings and other land attachments, the right to use construction land, the contracted management right of wasteland obtained through bidding, auction and public consultation, and buildings under construction are mortgaged, mortgage registration shall be handled. The mortgage is established at the time of registration. (2) If the following properties are mortgaged, the mortgage contract shall take effect from the date of registration: (3) The following properties shall not be mortgaged: the guarantor only needs to sign a guarantee contract.
Legal objectivity:
Article 149 of the Civil Procedure Law of People's Republic of China (PRC), a case tried by the people's court through ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the president of our hospital; If an extension is needed, it shall be reported to the people's court at a higher level for approval.