It is invalid if the guarantor does not sign. 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. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.

What is the role of the guarantor?

1. The scope of guarantee includes the principal creditor's rights and interest, liquidated damages, damages and expenses for realizing the creditor's rights. If there are other provisions in the guarantee contract, such provisions shall prevail. Where the parties have not agreed on the scope of guarantee or the agreement is unclear, the guarantor shall be liable for all debts.

2. During the guarantee period, if the creditor transfers the principal creditor's rights to a third party according to law, the guarantor shall continue to undertake the guarantee responsibility within the original guarantee scope. If there are other provisions in the guarantee contract, such provisions shall prevail.

3. During the guarantee period, if the creditor allows the debtor to transfer the debt, it shall obtain the written consent of the guarantor, and the guarantor shall no longer bear the guarantee responsibility for the debt transferred without his consent.

4. If the creditor and the debtor agree to change the main contract, they shall obtain the written consent of the guarantor. Without the written consent of the guarantor, the guarantor will no longer bear the guarantee responsibility. If there are other provisions in the guarantee contract, such provisions shall prevail.

5. If the guarantor of general guarantee and the creditor have not agreed on the guarantee period, the guarantee period shall be six months from the expiration of the performance period of the principal debt. If the creditor fails to bring a lawsuit or apply for arbitration to the debtor during the guarantee period stipulated in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee liability; If the creditor has filed a lawsuit or applied for arbitration, the provisions on interruption of limitation of action shall apply during the guarantee period.

6. If the guarantor of joint and several liability guarantee and the creditor have not agreed on the guarantee period, the creditor has the right to require the guarantor to assume the guarantee responsibility within six months from the date of expiration of the independent debt performance period. If the creditor fails to require the guarantor to assume the guarantee responsibility during the guarantee period agreed in the contract and the guarantee period stipulated in the preceding paragraph, the guarantor shall be exempted from the guarantee responsibility.

7. The guarantor guarantees the continuing creditor's rights according to Article 14 of the Civil Law. If the guarantee period is not stipulated, the guarantor may notify the creditor in writing to terminate the guarantee contract at any time, but the guarantor shall be liable for the creditor's rights that occurred before notifying the creditor.

8. If the same creditor's right is secured by two things, the guarantor shall be liable for the creditor's right other than the guarantee of things.

If the creditor waives the property guarantee, the guarantor shall be exempted from the guarantee liability within the scope of the creditor's waiver of rights.

9. If a branch of an enterprise as a legal person enters into a guarantee contract with a creditor without the written authorization of the legal person or beyond the scope of authorization, the contract is invalid or the part beyond the scope of authorization is invalid. Creditors and enterprise legal persons who are at fault shall bear corresponding civil liabilities according to their respective faults; If the creditor is not at fault, the enterprise as a legal person shall bear civil liability.

Why not sign the guarantee easily?

Don't sign any written documents easily, especially the loan contract or the guarantor in the loan contract. Because once you sign, it means that if the borrower can't repay, you have to bear all the repayment responsibilities. In fact, after the verdict, the court can enforce all your property. Even if you don't have any property, you can be included in the list of people who have broken their promises, which will have a great impact on your future life and even your children's life.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 465 of the Civil Code of People's Republic of China (PRC)

Contracts established according to law are protected by law. A legally established contract is legally binding only on the parties, except as otherwise provided by law.

Article 483

When the acceptance comes into effect, the contract is established, except as otherwise provided by law or agreed by the parties.

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. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.