How old is the guarantor to be legal, and the age limit of the guarantor

At present, there is no clear provision on the age of the guarantor in Chinese law.

According to Article 7 of the Guarantee Law, a legal person, other organization or citizen who has the ability to repay debts on behalf of him may act as a guarantor. It can be seen that if a guarantee is provided for the debtor, the guarantor should first have the capacity for civil conduct, and the general principles of China's civil law stipulate that only when you reach the age of majority can you have the capacity for civil conduct, and adult refers to the age of 18 or older.

General Principles of the Civil Law of the People's Republic of China

Article 11: Citizens over the age of 18 are adults with full capacity for civil conduct, can independently carry out civil activities, and are persons with full capacity for civil conduct.

Citizens over the age of 16 but under the age of 18 who rely on their own labor income as their main livelihood shall be regarded as persons with full capacity for civil conduct.

Therefore, to sum up, although there is no clear limit on the age of sponsorship in Chinese law, in judicial practice, the guarantor should have civil capacity.

The guarantor shall have the qualifications prescribed by law, i.e., meet the required conditions, including the following:

1. There is no involvement in this case;

2. Enjoy political rights and personal freedom is not restricted;

3. Have a permanent residence and fixed residence in the local area;

4. Have the ability to fulfill the guarantee obligation;

5. There is no obvious record of breach of contract. Moreover, the guarantor and the creditor shall conclude a guarantee contract in writing.

Conditions of the loan guarantor:

1. The guarantor must be between the ages of 18 and 65 and have full capacity for civil conduct;

2. The legal and valid identity certificate of the guarantor;

3. Have a stable income** and have the ability to repay the loan on time and in full;

4. Have a good credit history.

Legal analysis: At present, there is no clear provision on the age of the guarantor in Chinese law. Only when you reach the age of majority do you have the capacity for civil conduct, while an adult refers to being at least 18 years old, so as long as you are at least 18 years old and have full capacity for conduct, you can be a guarantor.

Legal basis: Article 683 of the Civil Code of the People's Republic of China A legal person of an organ shall not be a guarantor, except for those who have been approved to use a loan from a foreign country or an international economic organization for on-lending. Non-profit legal persons and unincorporated organizations for the purpose of the public interest must not be guarantors.

Legal analysis: The guarantor must be an adult and have civil capacity. According to the laws of our country, natural persons over the age of 18 are adults.

Natural persons under the age of 18 are minors. Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts. Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct.

Legal basis: Civil Code of the People's Republic of China

Article 17 10 shall assign natural persons over the age of 8 to be adults. Natural persons under the age of 18 are minors.

Article 18: Adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts. Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct.

Legal analysis: At present, China's law does not have clear provisions on the age of the guarantor. Only when you reach adulthood can you have the power to laugh at civil behavior, and adult refers to being at least 18 years old, so as long as you are at least 18 years old and have full capacity for conduct, you can be a guarantor.

Legal basis: Article 683 of the Civil Code of the People's Republic of China Article 683 A government agency legal person shall not be a guarantor, except for those who have been approved to use foreign loans or international economic organizations for on-lending.

Non-profit legal persons and unincorporated organizations for the purpose of the public interest must not be guarantors.

Article 18 of the Civil Code provides that adults are persons with full capacity for civil conduct and may independently carry out civil juristic acts. Minors who are 16 years old and whose main livelihood is their own labor income is to be regarded as a person with full capacity for civil conduct. Article 17: Natural persons over the age of 18 are adults.

Duan Bei natural persons under the age of 18 are minors. Article 133:Civil juristic acts are acts of civil entities establishing, modifying, or terminating civil juristic relationships through expressions of intent.