Signature is the guarantee? The People's Court of Dunhuang City tried a case of civil lending disputes together

Dunhuang News Recently, the People's Court of Dunhuang City tried a civil lending dispute.

Due to the renovation of a new house, Yu Mou borrowed 40,000 yuan from his friend Shi, and Shi Mou asked him to provide a guarantor. After the loan expires, Shi Mo repeatedly urged to fail, and he would sue to the Dunhuang People's Court. Yu Moumou recognized the facts of the borrowing, but Xu said that he did not know that he was the guarantor and should not bear the responsibility of repayment.

After trial, the fact that Yu Moumou borrowed from Shimou should bear the repayment responsibility in accordance with the amount stated in the borrowing. Although Xu signed on the debit, he did not indicate the identity of the guarantor or is willing to assume the responsibility of the guarantee. Shi Mou had no evidence to confirm that Xu was willing to guarantee, so Xu did not bear the guarantee of guarantee. In the end, the court judged that it was a certain repayment of Shi Mou's loan of 40,000 yuan. (Ma Yanxia)

【Judge's saying】

Citizens' signing on debt vouchers such as lack of borrowings or borrowings does not mean that they must bear guarantee responsibilities. If the guarantor and guarantee responsibility are agreed in the loan relationship, the standardized approach is to sign a guarantee contract separately or to add the guarantee terms to the loan contract, and clearly stipulate the amount, period, method, scope, etc. of the guarantee. If there is only debt certificates such as owed and debit in private lending, and if you want to set up a legitimate and effective guarantee contract, the lender can ask the guarantor to indicate the text of "guarantor" or "expire without repayment, guarantor is willing to bear responsibility" on the debit. To clarify the guarantor's intention.

Editor in charge: Tian Xue

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