Fake contract fraud loan, is it legal for the guarantor to guarantee

If the fake contract is fraudulent and the guarantor guarantees the loan, the guarantor shall bear the guarantee liability.

The borrower obtains a loan from a financial institution by deception, which constitutes the crime of obtaining a loan by fraud, and fraud and contract are two completely different acts. In civil law, the former is an illegal act, and the latter is a civil juristic act; The former is unilaterally carried out by the fraudster at the stage of concluding the contract, while the latter is jointly carried out by both the fraudster and the defrauded party, and the nature and content of the two are very different.

At the same time, since the financial loan contract itself does not harm the public interest, it cannot be determined that the contract is invalid because it harms the public interest. Therefore, such a contract is a voidable contract, and if the lender does not exercise the right of rescission, the loan contract is valid. Since the main contract is a voidable contract, the validity of the security contract should be judged on the basis of the contract itself if the lender does not exercise the right of rescission.

In this case, if the guarantor claims to revoke the guarantee contract on the grounds that the guarantee provided by itself has also been defrauded by the borrower (i.e., the fraudster), it will not be supported in principle. Because the guarantee contract is a contract between the guarantor and the security right holder (i.e., the lender in the loan contract), for the guarantee contract, the borrower is a third party outside the guarantee contract, although the guarantor also provides security due to fraud by the borrower, then the guarantor can only revoke the guarantee if the counterparty to the security contract (i.e., the lender) is aware of the fact of fraud or can be known, so as to maintain the security of the transaction.

The guarantee contract is independent of the loan contract, but if the main contract cannot be established due to the borrower's reasons, the guarantor shall bear 1 3 of the amount that cannot be repaid

The contract is valid. If the debtor fails to meet its repayment obligations when due, the lender can sue in court. The people's court will support the principal amount and interest not exceeding four times the interest rate of the PBOC loan for the same period.

Legal analysis: the guarantee contract signed by fraud can be revoked, and the defrauded party can apply to the court or arbitration institution to revoke the guarantee contract, and the guarantee contract is invalid after being revoked by Xuan Qiaobo, and it is invalid from the beginning; If the parties do not apply for rescission of the contract, the guarantee contract is legally valid. In this case, if the party applies for rescission of the contract, the party concerned shall apply for revocation within one year from the date on which he knew or should have known the reasons for revocation.

Legal basis: Civil Code of the People's Republic of China Article 148 Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

The defrauded party may apply to the court or arbitration institution for the revocation of the guarantee contract, and the guarantee contract shall be invalid and invalid from the beginning after being declared revoked; If the parties do not apply for rescission of the contract, the guarantee contract is legally valid. In this case, if the party applies for rescission of the contract, the party shall apply for rescission within one year from the date on which it knows or should know the reasons for the revocation of the lawsuit.

Legal basis: Stove information.

Article 148 of the Civil Code of the People's Republic of China provides that if one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

Summary. Although the guarantee contract is invalid in civil terms, if the guarantor knows that the loan is fraudulent before the loan is settled, the guarantor will also be liable, and the bank can recover the loan from the guarantor.

This question is up to me, it takes a little time to type, so please be patient.

Does the guarantor know that the borrower has forged the purchase and sale contract?

Ignorance. To know means to know or ought to know.

If you don't know, you will not be legally responsible for fraudulent loans, but you will still be liable for guaranteeing repayment.

Did you know before the loan came down? Or did you find out after the loan came down?

Institutions that provide fake contracts to defraud lenders have been convicted of serious circumstances. If the main lender is not involved in criminal liability, is the guarantee contract still valid?

The provider of the fake contract and the fraudulent lender have a common share of the loan amount.

Provide fake contract agencies to introduce the main lender to the bank for credit loans. The bank is asking for joint and several liability as a guarantor. Counterfeiting agencies have now been criminalized by legislation. If the circumstances are serious, is it still valid to guarantee the letter and the confession? Ask for answers.

In this case, the borrower also commits the crime of fraudulently obtaining a loan. According to the provisions of the Missing Civil Code, a contract signed by illegal and criminal means such as deception is an invalid contract. If the guarantee contract is subordinate to the main creditor's rights and debts contract, the main creditor's rights and debts contract shall not be effective without recirculation, and the guarantee contract shall also be invalid.

Although the civil guarantee contract is invalid or rotten, if the guarantor knows that the loan is fraudulent before the loan is settled, the guarantor will also be liable, and the bank can verify and recover the loan from the guarantor.

If the guarantor is not at fault, he is not liable. If the main contract is invalid due to breach of fraud, the guarantee contract is generally invalid (except for the independent guarantee clause), and if the guarantee contract is invalid due to the invalidity of the main contract, and the guarantor is not at fault, the guarantor shall not bear civil liability; If the guarantor is at fault, the part of the guarantor's civil liability shall not exceed one-third of the debtor's inability to pay off. After the guarantor bears the liability to the creditor for compensation due to the invalid guarantee contract, it may recover from the debtor.

Can the guarantor sue the borrower for fraudulent loans?

OK. However, this depends on whether the borrower's behavior is determined to be fraudulent. If the crime of fraud is constituted, the guarantor is not liable, otherwise, the guarantor shall be liable.

It is not appropriate for the people's court to find that the loan contract is invalid on the grounds that the borrower's loan was fraudulent, nor can it be found to be invalid as a guarantee for the contract on the basis of this determination. The creditor may request the guarantor to perform the contract in accordance with the law.

Article 688 of the Civil Code: [Joint and Several Liability Guarantee] Where the parties agree 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 in rem 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.

Is the sponsor's child responsible?

The sponsor's children are not responsible.

The guarantor bears the guarantee liability because of the existence of the guarantee contract, and because of the principle of relativity of the contract, the guarantee liability only exists between the parties, and there is no jujube liability for the third party.

Guarantee liability refers to the responsibility of the guarantor to repay the debt that should be performed in accordance with the law when the main debt cannot be performed, and the repayment liability is generally borne by the personal property of the guarantor.

Article 465 of the Civil Code of the People's Republic of China Contracts established in accordance with law shall be subject to law.

If the guarantor company uses false information to apply for a loan, it is an offence. If the perpetrator subjectively intentionally has the purpose of illegal possession, and objectively uses false information to take out a loan, and the amount is relatively large, it may constitute the crime of loan fraud and bear criminal liability.

Legal basisArticle 193 of the Criminal Law of the People's Republic of China.

In any of the following circumstances, fraudulently defrauding banks or other financial institutions of loans for the purpose of illegal possession, and the amount is relatively large, is to be sentenced to up to five years imprisonment or short-term detention and a concurrent fine of between 20,000 and 200,000 RMB; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property is to be given

1) Fabricating false reasons for the introduction of funds, projects, etc.;

2) The use of false economic contracts;

3) Using false supporting documents;

4) Using false property rights certificates as collateral or repeating collateral in excess of the value of the collateral;

5) Fraudulently borrowing by other means.

Legal Analysis: Loans taken by a guarantee company with false information may constitute a crime of fraud.

Legal basis: Article 266 of the Criminal Law of the People's Republic of China: Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

1.If the guarantor is not at fault, he will not be held responsible.

Laughing at Sakura 2If the main contract is invalid due to breach of fraud, the guarantee contract is generally invalid (except for the independent guarantee clause), and if the guarantee contract is invalid due to the invalidity of the main contract, and the guarantor is not at fault, the guarantor shall not bear civil liability for the quarrel;

3.If the guarantor is at fault, the part of the guarantor's civil liability shall not exceed one-third of the debtor's inability to pay off.