Legal subjectivity:

According to Article 143 of the "General Principles of the People's Republic of China and Civil Law" (abolished as of January 1, 2021), the following conditions must be met: A civil legal act is valid if: (1) the actor has the corresponding civil capacity; (2) the intention is true; (3) it does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs. Guarantee is valid as long as the civil legal act meets the following conditions: (1) the actor has the corresponding capacity for civil conduct; (2) the intention is true; (3) it does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs. Because the guarantee is determined in the form of a contract, as long as a guarantee contract is signed, if both parties to the guarantee contract cannot agree to terminate it through negotiation, the guarantor must bear the guarantee liability. In a joint guarantee, the creditor uses unfair means such as fraud and coercion to cause the guarantor to sign a guarantee contract against his will. The contract can be revoked, rendering the contract invalid, and the guarantor does not need to bear guarantee liability. In order to urge the creditor to exercise its rights, in the absence of an agreed guarantee period, if six months have passed since the expiration of the main debt performance period and the creditor has not required the guarantor to repay, then the guarantor no longer needs to bear guarantee liability. Therefore, if the guarantor is guaranteed without knowing it, he needs to collect evidence that can prove that he is indeed unaware, and then sue the court to protect his rights and interests. If he encounters difficulties in collecting evidence, he can seek help from a lawyer. help. Article 147 of the Civil Code: If a civil legal act is carried out based on a major misunderstanding, the actor has the right to request the people's court or arbitration institution to cancel it. Article 148 If one party uses fraudulent means to cause the other party to perform a civil legal act against its true intention, the party that has been defrauded has the right to request the people's court or arbitration institution to cancel it.