The borrower was not present and did not sign, everything was written by the guarantor, 10

If the borrower does not authorize the guarantor to sign in writing, the loan contract signed by the guarantor should be invalid, but if there is evidence that the borrower clearly knows and instructs, of course, the more important point is the fact that the borrower has actually received the loan, and the borrower cannot say it without knowing it. Of course, it also depends on the conditions in the specific loan contract and guarantee contract, and the part of the interest that exceeds the bank's loan interest rate for the same period is more than 4 times is not protected by law.

Hello. The card is hit on the borrowed card, indicating that the borrower is aware of this, and the other party can ask the borrower to repay it; Even if the borrower does not know, since the money has hit the borrower's cardholder, the borrower should return it, otherwise it constitutes unjust enrichment;

As for the validity of the loan contract, it depends on whether the borrower has authorized the guarantor to sign or recognize, otherwise the contract will not take effect, but the money will still be returned, and the interest shall not exceed four times the bank loan interest rate in the same period, and the excess part will be invalid! If the contract is valid, the creditor can sue the debtor and the guarantor!

The borrower is not present and does not sign, all the content is written by the guarantor, and the money is signed by the guarantor, and the contract has not yet taken effect.

The guarantor has the qualifications prescribed by law, i.e. meets the required conditions:

1) Not involved in the case;

2) enjoy political rights and have not had their personal liberty restricted;

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

4) Ability to perform guarantee obligations.

e) There is no obvious record of non-compliance.

The person who gets the money has to pay it back anyway, and if the interest exceeds the legal interest rate, the excess part is not counted.

1. The signatory has no responsibility and does not need to bear any responsibility.

2. In this case, it is not a guarantee, or it is an act that does not form a guarantee. Guarantee refers to the system whereby the law urges the debtor to perform its debts by means of letters from the debtor or a third party or specific property in order to ensure that a specific creditor realizes its creditor's rights. A guarantee is a kind of commitment, which is a constraint on the behavior of the guarantor and the guarantor.

Guarantees generally have both oral and written guarantees.

3. Article 21 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases stipulates that if another person signs or seals an IOU, receipt, IOU or other proof of creditor's rights or a loan contract, but does not indicate his identity as a guarantor or bears the guarantee liability, or cannot be presumed to be the guarantor through other facts, the people's court shall not support the lender's request that the lender bear the guarantee liability.

Only the fingerprint is legally valid, since the signature and the fingerprint have the same legal effect.

Legal basis: Article 21 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases" Where another person signs or affixes his or her seal to an IOU, receipt, IOU or other proof of creditor's rights or a loan contract, but does not indicate his identity as a guarantor or bears the guarantee liability, or cannot be presumed to be a guarantor through other facts, and the lender requests that he bear the guarantee liability, the people's court will not support it.

Legal Analysis: Only the fingerprint is legally valid, because the signature and the fingerprint have the same legal effect.

Legal basis: "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases" Article 21: Where others lack signatures or seals on IOUs, receipts, IOUs, or other creditor's rights vouchers or loan contracts, but do not indicate their identity as guarantors or bear guarantee liability, or cannot be presumed to be guarantors through other facts, and the lender requests that they bear the guarantee liability for the banquet, the people's court will not support it.

1. Whether the failure of the guarantor to sign the loan contract affects the validity of the contract

According to the relevant laws of China, if the guarantor does not sign the loan contract, it will not affect the validity of the loan contract, but it will affect the validity of the guarantee contract, the main contract is signed by the borrower and the lender, and the guarantee contract is signed by the guarantor and the lender.

Guarantee Law of the People's Republic of China

Article 5 The guarantee contract is a subordinate contract of the main contract, and the main contract is invalid and the guarantee contract is invalid. If the guarantee contract provides otherwise, the agreement shall prevail.

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.

The guarantor and the creditor shall conclude a guarantee contract in writing.

2. Can I still claim liquidated damages for the contract when the borrowed money expires?

In fact, if the borrower fails to repay the money when due, whether the lender can claim liquidated damages under the contract can first see whether there is a clear agreement in the contract

1. If the borrower and the borrower clearly stipulate the liability for breach of contract in the loan contract, then the borrower's failure to repay the money when due is a breach of contract, that is, the borrower shall bear the corresponding liability for breach of contract in accordance with the contract.

In addition, if the contract specifies the amount or calculation method of liquidated damages, then it can be calculated in accordance with the agreement.

2. If the borrower and the borrower do not make an agreement in the loan contract or do not sign the loan contract, they generally cannot claim liquidated damages. However, it is possible to claim compensation for actual losses, such as requiring the other party to pay overdue interest.

3. In the case of no contract liquidated damages, whether to pay the money can actually be negotiated by the borrower and the borrower. As long as an agreement is reached, then the contract can be performed as agreed.

If the two parties fail to reach an agreement through negotiation, and the two parties have a dispute arising therefrom, they can collect relevant evidence and file a lawsuit with the court to claim compensation for losses.

According to the provisions of the relevant laws of our country, if the guarantor does not sign the loan contract, it will not affect the validity of the loan contract, but it will affect the validity of the guarantee contract, the main contract is signed by the borrower and the lender, and the guarantee contract is signed by the guarantor and the lender. If you need legal help, you are welcome to come for legal advice.

Hello, the loan contract that is not signed by the guarantor is valid, but the guarantee clause does not take effect. That part of the guarantee contract is invalid, and the validity of the loan contract depends on whether it meets the requirements for the validity of the loan contract. A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity with interest.

The relevant law does not stipulate that the loan contract must be signed by the guarantor, so the absence of the guarantor's signature does not affect the legal validity of the loan contract. Legal basis: Article 490 of the Civil Code of the People's Republic of China: Where the parties conclude a contract in the form of a written contract, the contract shall be established when both parties sign, affix their seals or press their fingerprints. The contract is concluded when one of the parties to the destruction has fulfilled the main obligation and the other party has accepted it before signing the name, seal or fingerprint.

When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.

Summary. Valid oh dear, but a power of attorney is required. The guarantor is unable to sign for various reasons, and if the real guarantor knows that you are signing on his behalf, then ask him to issue a power of attorney.

Valid oh dear, but a power of attorney is required. If the real guarantor knows that you are the one who signs the word on his behalf, then Suiju asks him to issue a power of attorney.

The guarantor of the bank loan is subject to the procedures of Li Yin1, and the object of the auction loan is a natural person with full civil capacity. 2. Have a permanent urban residence or valid residence status, that is, the borrower is required to have a legal identity.

3. Have a stable occupation and income, good credit, and the ability to repay the principal and interest of the loan.

4. There are slight differences in the requirements for the down payment between the bank. 5. There are assets approved by the lender as collateral or pledge, or there are units or individuals that meet the prescribed conditions and have the ability to repay the loan as the guarantor who repays the loan principal and interest and bears joint and several liability.