The guarantor of the construction contract and the responsibility borne by the guarantor of the cont

The guarantor and Party A need to sign a guarantee contract. It is necessary to indicate the guarantee method for the guarantor to bear the risk, such as the specific method of Party A's risk, the guarantor will directly transfer the money to you. It helps to take a hard look at contract law.

The guarantor does not need to sign a guarantee contract with Party A, as long as the guarantee matters undertaken by the guarantor are specified in the contract between you and Party A, the guarantor's signature can take effect.

If the friend's father is a person with no capacity for civil conduct, the act of guarantee is invalid.

Otherwise, the contract is valid. shall bear the guarantee liability.

Legal analysis: The guarantor in the contract shall bear the responsibility of performing or compensating for losses when the debtor fails to perform the contract.

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

Article 386:The holder of the security interest shall enjoy the right to be repaid in priority in respect of the secured property in accordance with law in the event that the debtor fails to perform the debts due or the parties agree to realize the security interest, except as otherwise provided by law.

Article 388:To establish 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.

1.Civil liability: The guarantee contract is a subordinate contract of the main contract, 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, the guarantor, and the creditor are at fault, they shall each bear the corresponding civil liability according to their fault. 2.

Joint and several liability: 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. 3.

Guarantee liability: If there are more than two guarantors for the same debt, the guarantor shall bear the guarantee liability in accordance with the guarantee share agreed in the guarantee contract, and if there is no agreement on the guarantee share, the guarantor shall bear joint and several liability, and the creditor may require any guarantor to bear all the guarantee liability, and the guarantor shall have the obligation to guarantee the realization of all the creditor's rights.

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The guarantor has a guarantee contract: Yes, the guarantor generally needs to sign a guarantee contract when providing a guarantee, which will stipulate the scope, duration, guarantee method, liability for breach of contract and other related matters of the guarantee. The guarantee contract is a legally binding document between the guarantor and the creditor, and has legal effect on both the guarantor and the creditor.

When the guarantor is unable to perform the guarantee obligation, the creditor may require the guarantor to perform the guarantee obligation in accordance with the guarantee contract.

Does the guarantor have a guarantee contract?

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The guarantor has a guarantee contract: Yes, when the guarantor provides the guarantee, it is generally required to sign a guarantee contract, which will stipulate the scope, duration, guarantee method, liability for breach of contract and other related matters of the guarantee. The guarantee contract is a legally binding document between the guarantor and the creditor, and has legal effect on both the guarantor and the creditor.

When the guarantor is unable to perform the guarantee obligation, the creditor may require the guarantor to perform the guarantee obligation in accordance with the guarantee contract.

A guarantor is a person who is willing to provide security for a borrower when they are unable to repay their loans on time. The guarantor is required to sign a guarantee contract and assume the guarantee liability to ensure that the guarantor can perform the debt on behalf of the borrower when the borrower is unable to repay.

Methods for determining the liability of the guarantor in the contract: if the debtor fails to perform its obligations, the creditor needs to first pursue the debtor's responsibility before requiring the guarantor to bear the guarantee liability, the liability is a general guarantee liability; If the parties stipulate in the contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint and several liability guarantee.

[Legal basis].

Article 686 of the Civil Code.

The forms of guarantee include general warranty and joint and several liability guarantee.

If the parties do not agree on the guarantee method in the guarantee contract or the agreement is not clear, they shall bear the liability for guaranteeing the branches according to the general guarantee of Yan Qingzhao.

Article 688.

Where the parties stipulate in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint and several liability guarantee.

In the event that the debtor of the joint and several liability guarantee fails to perform the debts due or the circumstances agreed upon by the parties occur, the creditor may request the debtor to perform the debts, and may also request the guarantor to assume the guarantee liability within the scope of the guarantee.

Article 700. After the guarantor assumes the guarantee liability, unless otherwise agreed by the parties, it has the right to recover from the debtor within the scope of the guarantee liability and enjoy the rights of the creditor against the debtor, but shall not harm the interests of the creditor.