Can a guarantor be a witness Hurry

Updated on society 2024-07-25
5 answers
  1. Anonymous users2024-02-13

    The so-called witnesses are only witnesses who are present and see the two parties committing the borrowing behavior, and play the role of proving the loan relationship, which is similar to the meaning of the people present. Witnesses can sign IOUs or contracts, but they are usually written "Witnesses".

    A guarantor, also known as a "guarantor", refers to a natural person, legal person or other organization that provides a guarantee for the debtor's performance of its obligations in the legal relationship of guarantee.

    As a person with full capacity for civil conduct and a certain amount of social knowledge, he should know that the guarantor and the witness sign different responsibilities in law. In other words, if the original meaning of the signature at that time was "witness" rather than "guarantee", the words "witness" or "person present" must be indicated before the signature, but there is no mark before the signature, and his identity should first be presumed to be "guarantor", and if he cannot prove that he is a witness at the scene, he should be deemed to be a guarantor and bear the guarantee liability in accordance with the law.

  2. Anonymous users2024-02-12

    Summary. Hello <>

    Witnessing a guarantor and a guarantor are different concepts. The guarantor refers to the natural person or legal person who provides financial guarantee for the borrower or financier in the loan, financing and other transactions, that is, the person responsible for the debt. The witness guarantor refers to the institution or individual that provides security for the guarantor or creditor in the guarantee process, and is not the party that is mainly liable for the debt.

    In the laws of our country, the behavior of the guarantor is regulated by the Guarantee Law of the People's Republic of China and other relevant laws and regulations, while there is no special legal provision for witnessing the guarantor.

    Is there a difference between witnessing a guarantor and a guarantor?

    Hello <>

    Witnessing a guarantor and a guarantor are different concepts. The guarantor refers to the natural person or legal person who provides financial guarantee for the borrower or financier in the loan, financing and other transactions, that is, the person responsible for the debt. The witness guarantor refers to the institution or individual that provides guarantee for the guarantor or creditor in the process of guarantee, and is not the party that is mainly liable for the debt.

    In China's law, the behavior of the guarantor is regulated by the "Guarantee Law of the People's Republic of China" and other relevant laws and regulations, while the witness guarantor does not have a legal provision specific to Suimen.

    The guarantor needs to sign the guarantee agreement during the guarantee process and assume the corresponding legal responsibilities. If the borrower or financier is unable to repay the loan on time, the guarantor will be liable for the repayment and the corresponding legal consequences. Their main responsibility is to provide proof and supervise the role of witnesses in the guarantee process to protect the interests of the entrusting party.

    In the field of commercial guarantees, the witness guarantor is generally a professional institution such as a guarantee company or law firm, whose role is to protect the legitimate rights and interests of customers. Therefore, although the name of the guarantor and the guarantor are similar, their roles and responsibilities are different. <>

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  3. Anonymous users2024-02-11

    Summary. Hello, there is a difference between a witness guarantor and a guarantor. Witnesses and guarantors both play different roles in a legal document or transaction.

    A witness is a witness who plays a role in proving or confirming a legal document or transaction, such as proving the signing of a contract, proving the authenticity and validity of a statement, etc. Their role is to confirm the facts and present them as evidence to the relevant person or court when needed. The guarantor refers to the responsibility to bear a certain obligation or debt, and the responsibility to bear the risk.

    Guarantors are more commonly found in a loan or security agreement in which they provide security to the borrower or beneficiary to assume the risk of the borrower's debt. When the borrower fails to repay the loan on time, the guarantor will be held responsible. <>

    Hello, there is a difference between a witness guarantor and a guarantor. Witnesses and guarantors are both actors who play different roles in a legal document or transaction. A witness is a witness who plays a role in proving or confirming a legal document or transaction, such as proving the signing of a contract, proving the authenticity and validity of a statement, etc.

    Their role is to confirm the facts and present them as evidence to the relevant person or court when needed. The guarantor refers to the responsibility to bear a certain obligation or debt, and the responsibility to bear the risk. Guarantors are more commonly found in borrowing or security agreements, where they provide security to the borrower or beneficiary to assume the borrower's debt risk.

    When the borrower fails to repay the loan on time, the guarantor will be held liable. <>

    Hello, the roles of the witness and the guarantor belong to different categories, and although they may exist at the same time in some rift transactions or legal documents, their duties and roles are somewhat different. <>

  4. Anonymous users2024-02-10

    Legal analysis: If the parties agree in the guarantee contract that the validity of the guarantee contract is independent of the main contract, or that the guarantor shall bear the guarantee liability for the legal consequences of the invalidity of the main contract, the agreement on the independence of the guarantee is invalid. 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.

    Legal basis: Civil Code of the People's Republic of China Article 392 Where the secured creditor's rights are secured by both real and personal guarantees, and the debtor fails to perform the debts due or the parties agree to realize the security interest, the creditor shall realize the creditor's rights 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.

  5. Anonymous users2024-02-09

    Summary. It depends on whether you are a witness or a guarantor, if you agree on the form and scope of the guarantee, and are willing to bear the responsibility of the guarantee, you are the guarantor. If it is only to witness the authenticity of the fact of the loan, it is a witness, and the borrower's inability to repay the loan has nothing to do with the witness.

    It depends on whether you are a witness or a guarantor, if you agree on the scope of the guarantee, and you are willing to bear the responsibility of the guarantee, you are the guarantor. If it is only to witness the authenticity of the fact of the loan, it is the witness who is the witness, and the borrower's inability to repay the loan has nothing to do with the witness.

    Legal basis: Article 20 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, etc., or a certificate of obligatory rights or a loan contract, but does not indicate his identity as a guarantor or bears the burden of proof of the guarantee group, or cannot be presumed to be a guarantor through other facts, the people will not support the lender's request for him to bear the guarantee liability.

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