Everybody knows, some loan, need has security to undertake assuring, ability applies for smoothly.
But in real life, a lot of people had been encountered, it is to help others do kindly originally assure, but final, be changed however, oneself are essential " load " the consequence that does not rise.
Case 1:
Ten years ago, my friend lends money to others, borrower professes to do not have culture to won't be written, pulling me forcedly to help write receipt for a loan. After be being written, lender lets me when security, await me to just graduated in those days, know little, muddleheaded signed his name. Result, arrive when reimbursement, person lending money walked, lender lets me help dun. Cannot find borrower, lender goes the court is sued, final court sentences me to return money...
And the borrower after a few years come back, I go the court is sued, because there was evidence in the hand, primary lender also does not wish to appear in court attest, this case ended up with nothing definite so.
From this later, I also dare not assure to the person again.
Case 2:
A few years ago, the friend's son goes abroad, as a result of the expenses with certain need going abroad, but they do not have money at all, because this needs loan. Then the friend finds me, let me help be done to their loan assure, I also did not think at that time too much agreed.
Later, they do not return the money of loan tardy, loan orgnaization was urged a few times, also had a few effect, they returned one share really, but that part that remain, say whats were returned however, loan orgnaization does not have method, can find me only, I just know at this moment, oneself became bad luck big head...
Final, the money that leave or my person returns.
This kind of thing, I pledge won't redo the 2nd.
Resemble such, give others help kindly, cause the accident that derives from trouble of personal a suit finally, common occurance.
So, how ability avoid the happening of this kind of thing, to us, appear particularly important.
It is a few have a few basic common sense about loan security below, hope everybody can serve as with this draw lessons from:
One, what circumstance security needs to assume corresponding responsibility?
1, debtor cannot as scheduled reimbursement
Assure commonly
When debtor still cannot assume liability through lawsuit, security ought to be assumed assure responsibility.
Assure jointly
Creditor can ask any one party assume debtor and security directly responsibility, do not suffer debtor to have incapable restriction.
2, borrower desert
" People's Republic of China assures law " the 6th regulation: "This law place says to assure, it is to show guarantor and creditor agree, when debtor nonperformance debt, guarantor fulfills debt to perhaps assume the action of responsibility according to the agreement. Guarantor fulfills debt to perhaps assume the action of responsibility according to the agreement..
Accordingly, no matter be the assurance of which kinds of form, once warrantee debtor produces economic panic, guarantor should assume the risk that returns debt for warrantee countervail.
From this knowable, after borrower escapes, as security, what of course needs to assume what return debt for borrower countervail is compulsory.
2, security of which kinds of circumstance does not need to assume responsibility?
" assure law " judicatory explanation sets the 40th times: "Master contract debtor is adopted con, threatening wait for a method, make guarantor is offerred below the condition that violates true meaning those who assure, creditor knows or should know con, threatening fact, according to assure law thirtieth formulary processing. According to assure law thirtieth formulary processing..
Accordingly, put in ill will in creditor only, security is in violate what oneself offers below the circumstance of true meaning to assure, security ability absolves assure responsibility:
1, both sides of master contract party is colluded with, guarantor does not assume civil responsibility.
2, master contract creditor is adopted con, threatening wait for a method to make guarantor is offerred below the condition that violates true meaning assure.
3, debtor expires cannot pay off debt
According to " assure law " 21 regulation: "The limits that assures to assure includes advocate creditor's rights and accrual, penalty due to breach of contract, damages and the fee that implement creditor's rights. Make sure the contract has an agreement additionally, according to the agreement. According to the agreement..
Accordingly, if the contract has according to agreement of the agreement to assure extent of liability certainly, what the contract did not agree is OK according to law the regulation decides.
