How to judge fraudulent guarantee

The guarantee conditions for determining fraud are as follows:

1. If the guarantor is a person with full capacity for civil conduct, the guarantee confirmed by his signature has legal effect. Don't understand is your own fault, not being cheated;

2, the law is published to the public, once published, it shows that the public knows and understands the legal provisions. If the public does not understand the law, the legal responsibility is to evade responsibility, and the law will not support it;

3. If, in the process of providing a guarantee, the creditor does commit fraud and deliberately uses the unfamiliarity and ignorance of the guarantor to induce the guarantor to make a wrong guarantee, the guarantee may be deemed invalid. In this case, the guarantor needs to provide evidence to prove that he was cheated when signing the letter of guarantee;

4. In addition, if the guarantor is deceived by the debtor, whether the deception is established does not affect the guarantor's guarantee responsibility to the creditor.

Fraudulent guarantee refers to the behavior that the debtor colludes with the creditor to defraud the guarantor to provide guarantee for the debtor by deception. In fraudulent guarantee, the guarantor can only be exempted from the guarantee liability if the creditor is malicious and the guarantor provides the guarantee against his will. Fraudulent guarantee refers to the behavior that the debtor colludes with the creditor to defraud the guarantor to provide guarantee for the debtor by deception. Fraud refers to the act of defrauding a large amount of public and private property by fabricating facts or concealing the truth for the purpose of illegal possession.

Legal basis: Article 687 of the Civil Code of People's Republic of China (PRC).

If the parties agree in the suretyship contract that the surety shall bear the suretyship liability when the debtor fails to perform the debt, it is a general suretyship.

The guarantor of a general guarantee has the right to refuse to undertake the guarantee liability to the creditor before the main contract dispute has been tried or arbitrated and the debtor's property has been enforced according to law, except in one of the following circumstances:

(1) The debtor's whereabouts are unknown and there is no property available for execution;

(2) The people's court has accepted the bankruptcy case of the debtor;

(3) The creditor has evidence to prove that the debtor's property is insufficient to perform all debts or cannot perform debts;

(4) The Guarantor waives the rights stipulated in this clause in writing.