Pomegranate Legal Gang Group 丨 Borrowing money does not guarantee that the person must perform the guarantee responsibility

Mr. Liu, a citizen of Changji: In 2020, friend Zhang borrowed 200,000 yuan for me to use it for factory construction and promised to repay the money after one year. At that time, our common friend Zhou said that it could provide a guarantee for Zhang, and the guarantee method was also stated in the IOU. One year later, Zhang not only did not repay the money, but also left the local area, and his whereabouts were unknown. How should I defend their rights?

Wang Zhiyuan, a member of the Pomegranate Legal Gang Group and a lawyer of Xinjiang's Fan Ran Law Firm: According to the relevant provisions of the Civil Code, the legal relationship between you and Zhang Mou's lending belong to the legal relationship of practical contracts. Therefore, your contract is effective since its establishment.

You and Zhang and the guarantor Zhou are full of civil ability capabilities. The content reached by the intention reached does not violate the mandatory and prohibited regulations of laws and administrative regulations, nor does it violate public order and customs. Civil legal behavior is valid. Clear debt.

In the case where Zhang could not settle debts, the guarantor Zhou should fulfill the guarantee responsibility. Therefore, if you are unable to be unable to be reluctant, you can request Zhou to bear the responsibility through litigation and other channels to realize your legal claims. After Zhou's responsibility, Zhou had the right to recover from Zhang.

(Reporter Sui Yunyan sorted)

- END -