Is it legal for the wife to be a guarantor when making an IOU

1. The law stipulates that the law does not exclude or prohibit the legal person from acting as a guarantor of property, and the law of natural persons does not exclude or prohibit anything that is not prohibited by law

2. The old public IOU, the wife as the guarantor has the role of no guarantee, which should be specifically analyzed: a, if the husband and wife are AA system, their respective property is independent, and the secured property can be used as a guarantor, can play the role of a guarantee b, if the husband and wife property is joint, then, the old public IOU, the wife can not be the guarantor, this is their own guarantee, which is equivalent to no guarantee

3. Is it legal, you ask? I replied: Legal The so-called legal, not violating the law is legal I said, does such a guarantee work? It's up to you to analyze it yourself

If you do not submit evidence to the debtor to prove that there is a debt agreement between your husband and wife, and there is no clause in the guarantee agreement that you shall bear the guarantee liability alone, your husband shall be jointly and severally liable according to the relevant provisions of the Marriage Law.

Hello, This practice is legal and can be used as a guarantor.

Anyone can be a guarantor, unless it is a public legal person, and it is legal.

This situation is not prohibited by law, and it is okay if both parties agree.

Legal analysis: Formal and legal IOUs should pay attention to the following points:

1. The IOU is generally composed of three parts: title, text and payment.

2. The title of the IOU is generally composed of the name of the text, that is, the word "IOU" is written in a larger font in the middle of the upper part of the text. There are also the words "Temporarily Owed" or "Owed" written in this position as the title, but the body of the title is written in the top box of the next line.

3. The body of the IOU should clearly state what person or what unit is owed, and the amount and amount of it, and indicate the date of repayment.

4. The name of the debtor's unit and the handwritten signature of the person handling the payment should be signed, and the name of the individual who made the debtor should be signed on the IOU issued by the individual. and the date of the IOU. The official seal should be affixed to the unit, and the private seal should be affixed to the individual.

5. If the guarantor is a person, the guarantor also needs to sign the payment and indicate the word guarantor.

Legal basis: Article 392 of the Civil Code of the People's Republic of China Where the secured creditor's right is secured by both real security and personal security, and the debtor fails to perform the due debt or the parties agree to realize the security interest, the creditor shall realize the creditor's right in accordance with the agreement; If there is no agreement or the agreement is not clear, and the debtor provides security for the thing, the creditor shall first realize the creditor's right on the security of the thing; If a third party provides security in kind, the creditor may realize the creditor's rights in respect of the security in rem, and may also request the guarantor to bear the guarantee liability. The third party providing the guarantee has the right to recover from the debtor after assuming the guarantee liability.

Legal Analysis: Not Required. This is a request for the lender to consider whether to make a request, and if the lender asks for a guarantor and the borrower is unable to provide it, it may cause the lender to be reluctant to lend money. The guarantor shall bear the corresponding guarantee liability according to the content of the specific IOU.

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

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

Article 600 The loan contract shall be in written form, except where there is a separate agreement between natural persons on the loan.

The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

Article 669 When entering into a loan contract, the borrower shall, as required by the lender, provide the true information about the business activities and financial status related to the loan.

The guarantee period of the guarantor of the IOU shall be the period agreed by the parties, but shall not be earlier than or at the same time as the performance period of the main debt; If there is no agreement between the parties or the agreement is not clear, it is within six months from the date of expiration of the performance period of the principal debt.

[Legal basis].

Article 692 of the Civil Code.

The guarantee period is the period during which the guarantor's liability for the guarantee is determined, and there is no suspension, interruption or extension.

The creditor and the guarantor may agree on a guarantee period, but if the agreed guarantee period is earlier than or expires at the same time as the performance period of the principal debt, it shall be deemed that there is no agreement; If there is no agreement or the agreement is not clear, the guarantee period shall be six months from the date of expiration of the performance period of the principal debt.

Where the creditor and the debtor have not agreed on the time limit for the performance of the principal debt or the agreement is not clear, the guarantee period shall be calculated from the date of expiration of the grace period for the creditor to request the debtor to perform the debt.

Article 693.

If the creditor of the general guarantee fails to file a lawsuit or apply for arbitration against the debtor during the guarantee period, the guarantor shall no longer bear the guarantee liability.

If the creditor of the joint and several liability guarantee fails to request the guarantor to bear the guarantee liability during the guarantee period, the guarantor shall no longer bear the guarantee liability.

An IOU does not require a guarantor.

The third party and the creditor agree that when the debtor fails to perform the debt, the guarantor shall perform the debt or assume responsibility in accordance with the agreement, and the third party here is the guarantor, including the legal person, other organization or citizen who has the ability to repay the debt on behalf of the debtor.

Legal basis] Article 668 of the Civil Code stipulates that the loan contract shall be in written form, unless otherwise agreed upon by natural persons.

The content of the loan contract generally includes the type, currency, purpose, amount, interest rate, term and repayment method of the loan.