What does insurance in Taiwan Province Province mean? How much did you pour? I am in love.

There are frequent capital exchanges in the cash society, such as bank loans, job guarantees for entering the company's line number, and guarantees for undertaking projects. When concluding a contract, the debtor is usually required to find a guarantor. Many people act as guarantors for others out of goodwill or embarrassment. Later, the bank or debtor came to the door and found that the problem was not small, from wasting money to hurting the spirit and then going bankrupt. No wonder some people laughed and said, "Guarantors are fools." It means that it is a fool to vouch for others. In fact, this is just a joke, but how does the law stipulate the responsibilities, rights and obligations of the guarantor?

The so-called guarantor's responsibility means that when the debtor fails to perform the debt, the guarantor will perform the responsibility on his behalf. Article 739 of the Civil Law stipulates: "Guarantor refers to a contract in which the parties agree that when the other debtor fails to perform the debt, one party will perform the responsibility on his behalf. The rules speak for themselves. However, this kind of guarantee is a contract between the creditor and the guarantor. Many people don't know who the other party of the guarantee contract is, and often think that it is a guarantee contract signed with the debtor, but in fact the parties are creditors rather than debtors.

The so-called "joint and several" of the secured debt means that the guarantor and the principal debtor bear the same debt, and the creditors each bear the full repayment responsibility. For example, Article 748 of the Civil Law stipulates: "Unless otherwise agreed in the contract, several people who guarantee the same debt shall bear joint and several liabilities for the guarantee." Joint guarantee is different from ordinary guarantee. Co-guarantors cannot claim the right of defense. Once a contract is signed as a guarantee, it is a joint guarantee. When the debtor defaults in the future, the creditor may, according to Article 273 of the Civil Law, "the creditor with joint debts may request to pay off all or part of one or several debtors or all debtors." You don't need to find the principal debtor first, but directly find the joint guarantor to repay, so the liability of the joint guarantor is the same as that of the debtor.

Some people may ask, "What about the rights of the guarantor? Do you have to be stupid to take on debts for others? Legally, after the guarantor pays off the creditor, the creditor transfers the creditor's right to the principal debtor to the guarantor within the limit of repayment, which is the "subrogation right" in practice and theory. Therefore, according to this subrogation right, the guarantor can claim compensation from the principal debtor within the repayment limit. In other words, the creditor's rights will be transferred to the guarantor after how much the guarantor has paid for the debtor, so that the guarantor can claim compensation from the debtor accordingly, and the debtor should still bear the ultimate responsibility. But what actually happened is that the debtor left a debt, and the creditor would ask the guarantor to pay it off, so even if the guarantor obtained the right to recover from the debtor, it was often impossible to obtain it. So, next time someone asks you to be a guarantor, think it over and use yours. If you are embarrassed to refuse because of human feelings, then first think about the possible problems in the follow-up, and feel that you can bear it before signing, don't just draw a bet!