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What are the responsibilities of the guarantor who signs the IOU?

1. What legal effect will the guarantor’s signature on the IOU produce? 1. When the guarantor signs the IOU, it will have legal effect and need to bear corresponding responsibilities. If the parties agree in the guarantee contract that when the debtor cannot perform the debt, the guarantor shall bear the guarantee liability, it is a general guarantee. If the parties agree in the guarantee contract that the guarantor and the debtor shall bear joint and several liability for the debt, it is a joint liability guarantee. 2. Legal basis: According to Article 687 of the "People's Republic of China" and the Civil Code, the general guarantor's right of first-suit defense is stipulated in the guarantee contract that if the parties agree in the guarantee contract that when the debtor cannot perform the debt, the guarantor shall bear the guarantee liability. This is a general guarantee. The guarantor of a general guarantee has the right to refuse to assume guarantee liability to the creditor before the dispute over the main contract has not been tried or arbitrated and the debtor's property has been legally enforced and the debt cannot be fulfilled, except in one of the following circumstances: (1) The whereabouts of the debtor It is unknown and there is no property available for execution; (2) The People's Court has accepted the debtor's bankruptcy case; (3) The creditor has evidence to prove that the debtor's property is insufficient to fulfill all debts or has lost the ability to perform debts; (4) The guarantor expresses in writing that it waives this clause stipulated rights. Article 688 stipulates that if the parties to a joint liability guarantee stipulate in the guarantee contract that the guarantor and the debtor shall bear joint and several liability for the debt, it is a joint liability guarantee. Article 686 stipulates that the methods of guarantee include general guarantee and joint liability guarantee. If the parties do not agree on the method of guarantee or the agreement is unclear in the guarantee contract, they shall bear the guarantee liability in accordance with the general guarantee.

2. What is a guarantor? A guarantor, in a broad sense, refers to a person who makes a certain guarantee for a certain matter or event. For example, when it comes to guarantees for claims and debts, the guarantor specifically refers to a legal person, other organization or individual that has the ability to repay or pay off bill debts on your behalf. The non-note debtor is the person who guarantees the drawer, endorser and acceptor; it is the content of the agreement between the guarantor and the creditor. When the debtor refuses to perform or is unable to repay the debt, the guarantor shall The act of continuing to perform debts or assume responsibilities in accordance with the agreed content. Generally, the guarantor and the guaranteed person bear the same responsibilities. Personnel from state agencies, public institutions, social groups, branches of corporate legal persons and some functional departments cannot become guarantors. However, , except as otherwise provided by law. According to relevant legal provisions, guarantees can generally be divided into five forms, namely guarantee, mortgage, pledge, lien and deposit. I hope the above content can be helpful to you. If you have other questions, you can click the button below to consult a professional lawyer.