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You recognize as a guarantee, but it also depends on what form of guarantee you make. If it is a general joint and several liability guarantee, the guarantor company and the bank will come to you to urge you to take out a loan, because joint and several liability means that the lender and the guarantor are unconditionally liable for the entire debt. A creditor may demand the full payment of the debt from any one debtor in any particular order.
Now that the lender has run away, you, as the guarantor, must bear the debt. If it is supplementary joint and several liability, it depends on how much you bear on the guarantee contract you sign. If you don't pay it back, it will affect your own credit history, and the bank will enforce it if you sue you.
It is best to discuss with the lending bank to see if it can be extended.
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According to your situation, if they do not deceive you into obtaining a guarantee, such a guarantee is valid, but your boss does not repay the loan, and the loan period is up, the creditor can ask you for money, and you can only ask your boss for money.
You first look at how the contract you signed is stipulated, how much you guarantee, how much you have left, the repayment period, etc., so that you can prepare.
It is recommended that you discuss with the creditor first, see how much you have to repay according to the contract, see if the boss has mortgaged other things to the creditor, and whether there are other guarantors.
Second, find your boss and find out what her family has to do, so that you can get your money back if you don't get it back.
Finally, if the amount is large, it is best to consult with a lawyer.
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It is your signature that proves that you bought the car, and you should be responsible, the key is whether you have an agreement with your boss, if not, only you admit it.
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If you're depressed, you can help me guarantee the loan.
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If the borrower runs away, what kind of responsibilities should I pay as the guarantor and the guarantor company?
We are glad to answer for you, and the guarantor and the guarantee company shall bear the guarantee liability in accordance with the guarantee contract. In the case of joint and several guarantees, the lender may choose to require the borrower and the joint guarantor to bear the repayment liability after the loan expires. If a general guarantee is agreed, the lender may require the general guarantor to bear the guarantee liability when the borrower fails to perform the repayment obligation.
The lender can also hold the guarantor liable through litigation proceedings, but it should be noted that in general, the lender needs to sue the lender for inability to repay before suing the guarantor. In the case of joint and several guarantees, it is possible to sue arbitrarily, and both parties are jointly and severally liable.
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Is this debt guaranteed by both a natural person and a company? Generally speaking, the company is limited liability, and only bears the guarantee liability within the registered capital of the company, and cannot be in the form of guarantee. However, the guarantee of a natural person is unlimited liability, and the guarantee liability is limited to the entire property of the individual.
As for what kind of guarantee liability you and the company each bear, it depends on how it is agreed in the guarantee contract and what the form of guarantee is. In the case of hybrid guarantees, the situation is more complex and requires a specific analysis. There are 5 types of guarantees stipulated in the Civil Code:
1) Guarantee: Guarantee refers to the agreement between the guarantor and the creditor that if the guarantor fails to perform the debt with the debtor, the guarantor shall perform the obligations of the main contract or assume responsibility in accordance with the agreement. (2) Mortgage:
Mortgage means that the debtor or a third party does not transfer the possession of the mortgaged property and uses the mortgaged property as security for the creditor's rights. When the debtor fails to perform its obligations, the creditor has the right to be repaid in priority in accordance with the provisions of the Guarantee Law at the discount of the mortgaged property or the price of the auction or sale of the property. (3) Pledge:
Pledge means that the debtor or a third party transfers its movable property to the creditor for possession, or hands over its property rights to the creditor's control, and uses the movable property or property rights as security for the creditor's rights. When the debtor fails to perform its obligations, the creditor shall have the right to be repaid in priority with the price of the movable property or property right in accordance with the provisions of the Security Law, or at the price of auction or sale of the movable property or property right. (4) Lien:
Lien means that in the custody contract, transportation contract or processing contract, if the creditor takes possession of the debtor's movable property in accordance with the contract, and the debtor fails to perform the debt within the time limit agreed in the contract, the creditor has the right to retain the property in accordance with the provisions of the Security Law, and the property is discounted or the price of the property is auctioned or sold in priority. (5) Deposit: Deposit refers to the act of one of the parties to the contract paying a certain amount of money to the other party in advance in order to guarantee the performance of the contract.
After the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party who pays the deposit fails to perform the debts agreed in the contract, it has no right to return the deposit; If the party receiving the deposit fails to perform the debts agreed in the contract, it shall return the deposit twice. Among the above five types of security, lien is a statutory security method, that is, the creditor exercises the right of retention in accordance with the provisions of the law without the need for agreement between the parties.
The other four types of security need to be agreed between the parties and are the security methods of the agreement.
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If your father is not aware of the guarantee when he gives a guarantee to others, you can claim that the guarantee is invalid, otherwise, if the guarantee is valid, the creditor has the right to require your father to bear the guarantee liability, and there is no mandatory rule on when the property will be auctioned, and you need to negotiate with the creditor.
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Legal Analysis: Liability for repayment within the scope of interest in accordance with the law.
Legal basis: Article 214 of the Civil Procedure Law of the People's Republic of China Where a creditor requests the debtor to pay money or valuables, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met:
1) The creditor and the debtor have no other debt disputes;
2) The payment order can be served on the debtor.
The application shall clearly state the amount of money or valuable ** requested and the facts and evidence on which it is based.
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What responsibilities does the guarantor need to bear if the borrower fails to repay the loanArticle 681 of the Civil Code of the People's Republic of China [Definition of Guarantee Contract] A guarantee contract is a contract in which the guarantor and the creditor agree that when the debtor fails to perform the due debt or the circumstances agreed by the parties occur, the guarantor performs the debt or assumes responsibility. Article 687:[General Guarantor's Right to Defend in First Action]Where the parties agree in the guarantee contract that if the debtor fails to perform its debts, the guarantor shall bear the guarantee liability, it is a general guarantee. The guarantor of a general guarantee has the right to 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, except in any of the following circumstances:
1) The debtor's whereabouts are unknown and there is no property available for enforcement; (2) the people's court has accepted the debtor's bankruptcy case; (3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or loses the ability to perform debts; (4) The guarantor waives the rights provided for in this paragraph in writing. Article 688:[Joint and Several Liability Guarantee]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.
The rights of the guarantor are based on the ** Bank Guide, and the guarantor has the following rights: 1. The guarantor can hold a guarantee contract and other relevant documents. 2. As long as the borrower agrees, the borrower can be informed of the loan amount borrowed from the financial institution.
3. It is necessary to sue the borrower if it is necessary to repay the debt owed to the financial company for the former. The guarantor usually receives a copy of the debt collection addressed to the borrower. 4. It can be limited to guarantee only one specific loan.
If, after a few years, the borrower wishes to increase the amount of the loan, he must apply for a new loan and at least obtain the written consent of the guarantor to guarantee the new loan. 5. Unless the borrower defaults and fails to repay the loan, the financial institution can collect the debt from the guarantor. 6. The financial institution must deliver the debt repayment demand letter to the guarantor before it can collect the debt from the latter.
The above is the responsibility and rights of the guarantor compiled by the network for everyone. I hope you will see that when you guarantee others in the future, you must be cautious and don't let yourself be in debt because of the negligence of a detail. Of course, if you have other legal knowledge that you need to know, the network also provides ** legal knowledge consultation.
Article 700 of the Civil Code: After the guarantor assumes the guarantee liability, 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. Article 681: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.
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Once the debt cannot be repaid, the guarantor should pay attention to check whether there are circumstances in which it can not bear legal liability: the guarantor is exempted from all liabilities: the parties to the main contract collude to deceive the guarantor to provide a guarantee; The creditor of the main contract uses fraud, coercion or other means to cause the guarantor to provide a guarantee contrary to its true intentions.
1. 6 situations in which the guarantor is not liable.
The 5 situations in which the guarantor is not liable are as follows:1Where both parties to the main contract collude to deceive the guarantor into providing a guarantee, or the creditor of the main contract uses fraud, coercion or other means to cause the guarantor to provide a guarantee contrary to its true intentions.
2.Exceeding the warranty period. 3.
Without the consent of the guarantor, the main contract is changed without permission. 4.Transferring debts without the consent of the guarantor.
5.The main contract is invalid.
2. How should the guarantor cancel the guarantee?
The guarantor generally cannot cancel the guarantee, but there is evidence to prove that the main contract is invalid, or the creditor transfers the debt without the written consent of the guarantor, the creditor and the debtor change the main contract without the written consent of the guarantor, the parties to the contract collude to defraud the guarantor of the guarantee, and the creditor adopts fraud, coercion and other means to make the guarantor violate its truth.
Article 392 of the Civil Code of the People's Republic of China.
If the secured creditor's right is secured by both real 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.
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The guarantor is responsible for repayment and is accountable according to the law.
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More or less responsible.
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