1, juridical argument:
Below the condition that did not impose so that belongings shares a person to agree, the part shares person acceptance to offer the department that assure in order to share belongings to have no right for other punish, other and mutual person does not grant to this this acceptance is invalid when admit posthumously, do not have legal sanction to other and mutual person, do not share a person what the influence gives commitment to assure the establishing of responsibility and become effective partly of course.
2, case index:
" Feng spring flower, Ma Xiaoqin affirms the contract is invalid issue desk " [(2018) top magic art civilian again 198]
3, controversy focus:
Below the condition that did not impose so that belongings shares a person to agree, does the part share person acceptance to be offerred in order to share belongings for other is those who assure effective?
4, juridical opinion:
Highest courtyard thinks: About case experience " loan contract " the effectiveness problem of clause of card of middleman and guarantor. Case experience " loan contract " in make sure the clause agrees the 5th times: Commitment of family of sponsorial Zhao jade is assumed with individual and domestic worth assure responsibility jointly, its are assumed make sure responsibility already was asked for so that belongings shares a person to agree, as mutual as belongings person signs a contract jointly. The spouse that Feng spring flower regards Zhao as jade division shares person place to did not sign a full name in belongings.
Zhao jade him division serves as guarantor to already was in autograph in contract guarantor, its individual is offerring what when assuring, need not ask for so that belongings shares a person to agree, feng spring flower did not sign a full name not to affect what individual of Zhao jade division assures responsibility to hold water in this contract with become effective, personal property of Zhao jade inflict offers the meaning that assure to express lawful and effective.
Dan Zhaoyu division is below the condition that did not impose so that belongings shares person Feng spring flower to agree, acceptance is offerred for other with domestic worth assure, the department has no right punish, feng spring flower does not grant to this admit posthumously, this acceptance is invalid, do not have legal sanction to Feng spring flower.
(graph article originates network, offer study and communication only. )
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