Does the guarantor have the right to read the IOU? Is the guarantor in the IOU useful?

After all, if the borrower does not repay the money, it is the guarantor who bears the debt. If you don't even ask for a loan contract or treaty, it is recommended not to go to the other person to guarantee it.

Because Article 16 The forms of guarantee are: (1) general guarantee; (2) Joint and several liability guarantees. Article 17 Where the parties agree in the guarantee contract that when the debtor fails to perform its obligations, the guarantor shall bear the guarantee liability, it is a general guarantee.

The guarantor of a general guarantee may refuse to bear the guarantee liability to the creditor before the main contract dispute has not been tried or arbitrated, and the debtor's property is still unable to perform its obligations in accordance with the law. In any of the following circumstances, the guarantor shall not exercise the rights provided for in the preceding paragraph: (1) The debtor's domicile is changed, causing major difficulties for the creditor to require it to perform its debts; (2) The people's court accepts the debtor's bankruptcy case and suspends the enforcement procedure; (3) The guarantor waives the rights provided for in the preceding paragraph in writing.

Article 18 Where the parties stipulate in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it shall be a joint and several liability guarantee. 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.

Since you are a guarantor, of course you have the right to read the IOU. As a guarantor, you have to bear legal responsibility, and if you can't repay the money, the guarantor has to bear the responsibility.

Legal Analysis: Useful. There are two types of guarantee liabilities of the guarantor, joint and several guarantee liability and general guarantee liability.

The joint and several guarantee liability is the heaviest, the loan is overdue, and once the debtor sues, the borrower can also enforce the guarantor. Generally, the liability for guarantee liability is lighter, and the borrower needs to be executed first, and the borrower can only execute the guarantor if there is no enforceability.

Legal basis: Article 686 of the Civil Code of the People's Republic of China The forms of guarantee include general guarantee and joint and several liability guarantee.

If the parties do not agree on the form of guarantee in the guarantee contract or the agreement is not clear, they shall bear the guarantee liability in accordance with the general guarantee.

The IOU does not stipulate that a guarantor is required, whether a guarantor is required, and the borrower's requirements must be seen, and if a guarantee is required, the borrower needs to provide a guarantor.

Civil Code of the People's Republic of China

Article 386:[Definition of Security Interest]The holder of the security interest shall enjoy the right to be repaid in priority in respect of the secured property in accordance with the law if the debtor fails to perform the debts due or in the event of the realization of the security interest as agreed by the parties, unless otherwise provided by law.

Article 681:[Definition of Guarantee Contract]A guarantee contract is a contract in which the guarantor and the creditor agree that the guarantor will perform the debt or assume responsibility when the debtor fails to perform the due debt or when the circumstances agreed upon by the parties occur.

Article 668:[Form and Content of Loan Contracts]Loan contracts shall be in written form, unless otherwise agreed upon between natural persons.

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

1. Scope of application of IOUs.

In life practice, when there is a situation of arrears, choosing whether to write an IOU or an IOU is a problem that everyone is easy to feel confused. To solve this problem, it is necessary to clarify the difference between IOUs and IOUs.

First of all, the IOU proves the borrowing relationship, which is a written document based on the simple fact of the loan. An IOU, on the other hand, proves a broader relationship of arrears, i.e., written evidence based on the fact of arrears arising from various facts (such as sales, services, damages, etc.).

Second, if the content of the IOU does not stipulate the repayment date, the lender can claim repayment at any time, and the statute of limitations is calculated from the time the lender claims its rights. However, if the content of the IOU does not stipulate the date of repayment, the statute of limitations shall start to run from the date of issuance of the IOU.

Third, in the event of a dispute, the holder of the IOU only needs to submit the IOU and briefly state the facts of the loan, and the burden of proof is lighter. However, the holder of the IOU not only needs to submit the IOU, but also needs to further prove the fact that the IOU was formed, and the IOU formed by the transaction in violation of the state's prohibitive provisions cannot be the basis for the right holder to claim rights.

Through the above comparison, we find that under certain conditions, writing an IOU is simpler and easier to operate than writing an IOU, which is more beneficial to the lender. Therefore, if there is a simple borrowing relationship between the two parties, it is recommended that the lender ask the borrower to issue an IOU.

A guarantor is not necessarily required for a large IOU. If the creditor proposes to guarantee the realization of its creditor's rights, the guarantor is required to provide security; If the creditor does not request security, the debtor or a third party is not required to provide security.

[Legal basis].

Article 386 of the Civil Code.

The holder of the security interest shall have the right to receive priority in repayment of the secured property in accordance with the law in the event that the debtor fails to perform the debts due or realizes the security interest as agreed by the parties, except as otherwise provided by law.

Article 387.

Where a creditor needs security in order to ensure the realization of its creditor's rights in civil activities such as lending and trading, it may create a security interest in accordance with the provisions of this Law and other laws.

Where a third party provides security to the creditor for the debtor, the debtor may be required to provide a counter-guarantee. The provisions of this Act and other laws shall apply to the counter-guarantee. Qingchang.