What happens if the guarantor doesn t have a contract certificate? Or did the borrower take it himse

Guarantor qualifications require collections.

First, a legal person, other organization or citizen who has the ability to repay debts on behalf of the company may act as a guarantor. However, if a legal person, other organization or natural person who does not have full solvency enters into a guarantee contract in the capacity of a guarantor and then claims to be exempted from the guarantee liability on the grounds that he or she does not have the ability to compensate, the people's court will not support it.

Second, according to the relevant provisions of the General Principles of the Civil Law, individual industrial and commercial households and rural contracted business households are a special form of citizens. Therefore, the citizens who are guarantors can also be individual industrial and commercial households and rural contracted business households.

Third, those who can act as guarantors include: sole proprietorships and partnerships that have registered and obtained business licenses in accordance with the law; Joint ventures that have been registered and licensed in accordance with the law; Chinese-foreign cooperative joint ventures that have registered and obtained business licenses in accordance with the law; Social groups that have been approved and registered by the civil affairs departments; Township, street, and village-run enterprises that have been approved to register and receive business licenses.

Fourth, if a branch of an enterprise legal person provides a guarantee without the written authorization of the legal person, the guarantee contract shall be invalid. If the functional department of the enterprise legal person provides a guarantee, the guarantee contract shall be invalid.

Fifth, public institutions or social organizations for the purpose of public welfare shall not act as guarantors, and if a public institution or social organization engaged in business activities is the guarantor, the guarantee contract signed by the public institution or social organization engaged in business activities shall be deemed valid if there are no other circumstances that cause the guarantee contract to be invalid.

Sixth, in the process of accepting loans provided by foreign countries or international economic organizations, state organs can act as guarantors after being approved by foreign countries, and are not allowed to act as guarantors under other circumstances.

Ask the other party to issue a receipt stating the specific amount and the content of the payment.

If the guarantor does not sign the contract, it is not considered a borrower, and if the guarantor does not sign the guarantee contract, it is invalid.

1. Whether the guarantor has to repay the death of the main debtor.

If the principal debtor dies, the guarantor shall still bear the guarantee liability in accordance with the guarantee contract.

If the guarantor provides a general guarantee, the borrower's estate shall be used to repay the debts owed. The guarantor shall be liable for repayment of the part of the borrower's estate that cannot be performed after being enforced by the court.

The guarantor provides joint and several liability guarantees. The guarantor and the borrower are equally liable for repayment. That is, regardless of whether the borrower has property or not, whether it has been enforced by the court or not, the guarantor is obliged to bear the guarantee liability and repay the arrears to the creditor.

2. What are the legal liabilities to be borne by the guarantor of an invalid guarantee contract?

The legal liability of the guarantor of an invalid guarantee contract shall be handled as follows:

1) The liability of the guarantor when the guarantee is invalid due to the invalidity of the main contract, regardless of whether the invalidity of the main contract is attributable to the creditor or the debtor;

If both parties are at fault, and regardless of whether the invalid result leads to the return of the original goods or compensation for losses, if the guarantor is not at fault, the guarantor shall not be liable for compensation.

2) If the main contract is valid but the guarantee contract is invalid, and the creditor is not at fault, if the loss of the creditor of the main contract is caused by the invalid guarantee act of the guarantor, the guarantor shall be jointly and severally liable with the debtor for compensation according to its fault.

This kind of situation in which the guarantor bears joint and several liability mainly refers to the situation where the debtor and the guarantor conclude a guarantee contract in violation of legal prohibitions or mandatory provisions and malicious collusion to deceive creditors.

3. Jurisdiction over disputes arising from the main contract and the guarantee contract.

In the event of a dispute between the main contract and the guarantee contract, the jurisdiction of the case shall first be determined according to the main contract. If the creditor claims rights against the guarantor who bears joint and several liability, the court at the domicile of the guarantor shall have jurisdiction. The main contract and the guarantee contract are related in the following ways:

The basis for the guarantee contract is the main contract. If the main contract is found to be invalid, the guarantee contract will also be invalid. However, where the relevant laws provide otherwise in this regard, it shall be handled in accordance with special provisions.

Civil Code of the People's Republic of China

Article 684:The content of a guarantee contract generally includes the type and amount of the principal creditor's right to be guaranteed, the time limit for the debtor to perform the debt, and the form, scope, and duration of the guarantee.

The guarantor does not sign the contract and is not considered a borrower. A borrower, also known as a debtor, refers to an individual or legal entity that borrows monetary funds from a lender in the course of credit activities with the guarantee of self-proclaimed credit or property, or with a third party as security. A guarantor is an individual or legal person who performs the debt or assumes responsibility in accordance with the agreement when the debtor fails to perform the debt.

To create a security interest, a security contract shall be concluded.

[Legal basis].Article 388 of the Civil Code of the People's Republic of China.

To create 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 security functions. The guarantee contract is a subordinate contract of the main creditor's rights and debts.

If the principal creditor's rights and debts contract is invalid, the guarantee contract shall be invalid, except as otherwise provided by law.

After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall each bear the corresponding civil liability according to their fault.

Legal Analysis: The guarantor is not considered a borrower if he does not sign the contract. A guarantee contract is void without a signature.

Legal basis: Article 685 of the Civil Code of the People's Republic of China stipulates that a guarantee contract may be a written contract concluded separately or a guarantee clause in the main creditor's rights and debts contract.

If a third party unilaterally gives a guarantee to the creditor in writing, and the creditor accepts it without raising an objection, the guarantee contract is established.

Article 490 of the Civil Code of the People's Republic of China stipulates that a contract shall be concluded in written form as stipulated by laws and administrative regulations or agreed by the parties, and the contract shall be established when the parties have not adopted the written form but one party has performed its main obligations and the other party has accepted it.

If the guarantor does not sign the contract, it is generally not counted as a borrower. A borrower is a person who borrows money from a lender and pays the principal and interest when due, while a guarantor can be a borrower or a guarantor provided for the borrower. If the contract is not signed, the contract has generally not yet entered into force and the contractual relationship has not yet been established.

Legal basis: Article 490 of the Civil Code Where the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.

Article 667 of the Civil Code A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity and pays interest.