The debtor escaped, but there is a property in the name of the guarantor, is there still responsibil

Question: I am the guarantor of the other party, and the other party ran away because he couldn't pay the money, but he still has property in his name, do I need to bear the responsibility for repayment for him in this case? Lawyer Che:

In the case of joint and several guarantees, you can sue the guarantor directly. Mr. Hou: If there is a joint and several guarantee, you can ask the guarantor to repay.

Related Knowledge - Guarantee System of Loan Contract The guarantee system is closely related to the loan contract, and the guarantee system plays a very important role in ensuring the security of credit funds and the normal operation of credit activities. The guarantee of the loan contract refers to the legal means adopted by the parties to the loan contract in accordance with the provisions of the law or the agreement of the parties, and through consultation between the two parties, to urge one party to perform its contractual obligations and ensure the realization of the rights of the other party. In the final analysis, the guarantee of the loan contract is a legal system to ensure the performance of the loan contract, avoid and reduce the loan risk, and safeguard the interests of creditors.

The guarantee of the loan contract is derived from the guarantee system of the civil law. Therefore, the guarantee of the loan contract shall be handled in accordance with the relevant provisions of the Guarantee Law. The Guarantee Law is a special law on the guarantee system in China.

The Guarantee Law stipulates five types of guarantees: guarantee, mortgage, pledge, lien and deposit. It should be noted that, according to the provisions of the General Principles of Loans, only three types of security methods can be applied to the loan contract: guarantee, mortgage and pledge, and the two security methods of lien and deposit are not applicable to the loan contract. Loan contracts with banks and other financial institutions as lenders shall strictly examine the borrower's creditworthiness and implement guarantees to ensure that the loan is recovered on time.

In this regard, the Commercial Bank Law, the General Principles of Loans, and the Regulations on Loan Contracts have clear provisions. However, if the borrower is in good standing and can indeed repay the loan after review, assessment and confirmation, the guarantee may not be required. In addition, the Guarantee Law clearly stipulates that guarantees, mortgages and pledges must be in writing.

However, in view of the complexity of economic life, the Security Law holds that a guarantee contract, a mortgage contract and a pledge contract may be a separate written contract, including a letter or fax in the nature of a security agreement between the parties, or a guarantee clause in the main contract. Therefore, the parties to the loan contract may agree on the guarantee either by the lender, the borrower and the guarantor jointly establishing a guarantee clause in the loan contract and signed by the guarantor, or by the lender and the guarantor signing the guarantee contract.

Let's put it simply: if your du

The debtor does not pay. Then just.

zhi is up to you to repay first, because you are.

When the debtor fails to perform the debt, the guarantor performs the debt or assumes responsibility according to the agreement, and the third party here is the guarantor. If the debtor still does not pay, you can appeal to the debtor to repay you.

According to the provisions of the Property Law, self-guarantee.

It depends on the situation.

First of all, it depends on whether it is a general guarantee or a joint and several liability guarantee.

The guarantor of a general guarantee may refuse to bear the guarantee liability to the creditor before the main contract dispute has not been tried or arbitrated, and the debtor's property is still unable to perform its obligations in accordance with the law. In any of the following circumstances, the guarantor shall not exercise the rights specified in the foregoing:

1) The debtor's domicile is changed, causing major difficulties for the creditor to demand that the debtor perform the debt;

2) The people's court accepts the debtor's bankruptcy case and suspends the enforcement procedure;

3) The guarantor waives the rights provided for in the foregoing in writing.

If the debtor of the joint and several liability guarantee fails to perform the debt upon the expiration of the debt performance period specified in the main contract, the creditor may require the debtor to perform the debt, and may also require the guarantor to bear the guarantee liability within the scope of the guarantee.

Where the parties have not agreed on the method of guarantee or the agreement is not clear, they shall bear the guarantee liability in accordance with the joint and several liability guarantee.

Secondly, look at the scope and duration of the guarantee.

The scope of the guarantee includes the main claim and interest, liquidated damages, damages and the cost of realizing the claim. If the guarantee contract provides otherwise, it shall be in accordance with the agreement. If the parties have not agreed on the scope of the guarantee or the agreement is not clear, the guarantor shall be liable for all debts.

If the guarantor of a general guarantee and the creditor have not agreed on the guarantee period, the guarantee period shall be six months from the date of expiration of the performance period of the principal debt. If the creditor fails to file a lawsuit or apply for arbitration against the debtor during the guarantee period agreed in the contract and the guarantee period specified above, the guarantor shall be exempted from the guarantee liability; Where the creditor has already filed a lawsuit or applied for arbitration, the provisions on the interruption of the statute of limitations shall apply to the guarantee period.

If the guarantor of the joint and several liability guarantee and the creditor have not agreed on the guarantee period, the creditor has the right to request the guarantor to bear the guarantee liability within six months from the date of expiration of the period for performing the debt. If the creditor does not require the guarantor to bear the guarantee liability during the guarantee period agreed in the contract and the guarantee period specified above, the guarantor shall be exempted from the guarantee liability.

If the same creditor's right is both secured by a creditor's right and a security in kind, the guarantor shall bear the guarantee liability for the creditor's right other than the security in kind. If the creditor waives the security of the property, the guarantor is exempted from the guarantee liability to the extent that the creditor waives its rights.

In any of the following circumstances, the guarantor shall not bear civil liability:

1) The parties to the main contract collude to deceive the guarantor into providing guarantees;

2) The creditor of the main contract uses fraud, coercion or other means to make the guarantor provide the guarantee contrary to its true intentions.

In addition, the guarantor has the right to recover from the debtor after assuming the guarantee liability.

After being sued by the court for private lending to guarantee others, the guarantor's family will be held liable.

1. The guarantor has signed a guarantee agreement;

2. If the debtor fails to fulfill the repayment obligation, the guarantor needs to bear it;

3. The property in the name of the guarantor will be auctioned, including the joint property in the name of the husband and wife.

Supplement: The joint property belongs to both parties, so the family will be involved, and the risk of the guarantor is very large and needs to be cautious.

It is required for the duration of the guarantee and the entire debt is guaranteed.

In order to ensure that the creditor's claim can be successfully realized, the general creditor may require the debtor to provide security. A guarantee is a form of guarantee, and the guarantor is required to assume the guarantee liability for the principal debt. The purpose of the guarantee is to protect the rights and interests of creditors and protect the security of transactions.

From a legal point of view, the guarantor is obliged to repay the debt for the debtor who dies unexpectedly. When the debtor dies, the debt does not disappear with it, and the guarantor's guarantee liability remains. According to the provisions of the Inheritance Law, it can be seen that the death of the debtor does not lead to the loss of the debt, and the debtor's heirs should pay off the debts within the scope of their inheritance, so the guarantor can claim rights against the debtor's heirs according to the right of recovery after assuming the guarantee liability.

Legal basis: Article 33 of the Inheritance Law of the People's Republic of China provides that the inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and debts shall be limited to the actual value of his estate. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

Joint and several guarantee liability is required.

Because the debt is not canceled, and the guarantor of the debt is relative to the debt.

The guarantor of the debt needs to bear the obligation to repay, but in this case, the guarantor may bear the obligation to repay only if the debtor has no property, and if the debtor has property or his children inherit the debtor's property, the children must repay it.

The debtor is alive, the debt should be borne by the debtor, the guarantor is dead, and his guarantee liability can only be joint and several.

Joint and several liability. If the lawsuit is filed, the court can directly sue the guarantor of the debt.

If the property in the borrower's name is not enough for the loan amount, the guarantor needs to bear it.

A secured loan is a kind of loan that uses the borrower's property or a third party's property as a loan guarantee according to the loan contract or the borrower's agreement, and the third party bears joint and several liabilities for repayment if necessary.

Secured loan means that when the borrower fails to provide the full amount of the mortgage (pledge), a third party approved by the lender shall provide a guarantee that the borrower shall bear joint and several liability.

If the guarantor is a natural person, he must have a fixed economy, have sufficient solvency, and have a certain amount of security deposit in the lending bank; The guarantor and the creditor shall conclude a guarantee contract in writing.

If the guarantor is changed, the guarantor must go through the formalities for changing the guarantee in accordance with the regulations, and the original guarantee contract shall not be revoked without the approval of the lender.

In my opinion, the debtor is "insolvent", and the guarantor still has the obligation to repay the remaining part of the insolvent debt in accordance with the law.

If the security provided by the guarantor to the debtor is a "guarantee guarantee" for the "full amount" punctuated by the creditor and the debt contract. Since it is a full guarantee of the debt, according to the provisions of the Guarantee Law, if the guarantor defaults on the debtor's default and fails to repay the debt, or fails to fully repay the debt, the guarantor must bear all or the part of the debt that the debtor has not yet repaid. In this case, since the debtor has repaid part of the debt with its own assets and is still "insolvent", the guarantor must bear the obligation to guarantee the repayment of the remaining debt.

He and his wife's co-borrower, divorced and have no property in his name, of course, will be punished by law, at the same time, the guarantor at that time will also be implicated, but I don't think I can be as responsible as her wife, therefore, when guaranteeing in the future, we must see what kind of person is giving the guarantee, and the unreliable word must be refused, otherwise, it is myself who will suffer in the end.

If the husband and wife are joint borrowers, they shall both bear the legal responsibility for repaying the principal and interest of the loan, and the guarantor shall also bear the agreed guarantee liability. If you can't negotiate a solution, you should go to court as soon as possible to file a lawsuit. As for whether there is property in the name, it can be known after the court enforces it.

Application for Execution. Application for Execution.

If it is a joint debt between the husband and wife, even if the divorce is made, the husband and wife are jointly and severally liable for the debt.

During the marriage, all debts and claims are jointly owned and jointly liable. Unless one party conceals it from the other party, the other party is completely unaware of it, and the liability can be mitigated.

If the creditor sues, if the debtor does not repay the debt in time, it will naturally be punished by law. If the debtor refuses to perform the repayment obligation or is unable to repay the debt, the creditor may appeal to the court for the guarantor to bear joint and several liability.

The marital debts should be paid off jointly by the husband and wife, and if there is a guarantor, the creditor can also claim the creditor's rights against the guarantor.

You'd better go to the court's summons, it's no joke. There is no way to guarantee your guarantee, since the borrower has run away, then until the borrower is found, you can only bear the debt he borrowed. If you refuse to enforce the court's judgment, then the court will initiate enforcement measures, and you will not be in charge at that time, and you may still suffer, so it is best to cooperate first and find someone to borrow money to solve this problem.

In addition, if you are still in the mortgage and have no other way to repay the debt, you should be prepared for the corresponding conversion of the mortgaged house court, auction or discount.

Finally, I would like to remind you that this debt is originally only a debt that arises because you guarantee your lender, and you can claim compensation from the borrower for your property loss, so I suggest that you immediately file a lawsuit in court to ask him to compensate you for the property damage, even if you can't find him for the time being.

Look at how many houses you have, if this is the case, the court will not enforce your house, and your monthly income is still nearly 2,000 mortgages, and it is estimated that there is not much left, and the court will also not enforce your salary income, so you can only wait for your financial situation to improve before enforcing it. (Or find the borrower). You should go to the court and explain the details.

The law is a tool used to resolve disputes, but it is not a black gun that forces people to a dead end, you only have a house, and the court takes your house to auction is equivalent to forcing you to a dead end, which is not in line with the law of China, and China's law is all for the interests of the people. Could it be that if you don't catch the real debtor, you will be forced to go to Liangshan! Rest assured, buddy.

It's up to you and the creditor to compete in the court. If he finds the right person, it's okay to auction your house; It's okay to say that you can't do it in your current situation. In a word, it depends on what the court says.