It is a purpose as for the prevention of the money lending and borrowing trouble by the guarantor and the cosigner. It explains notes of the adjustment of debts of a voluntary bankruptcy and an arbitrary arrangement.

Danger fully : the guarantor.

Acquisition 3 of knowledge in Q&A

To deepen knowledge of the guarantor, the doubt etc. held by the Q&A form for the guarantor were brought together.

- Do when the amount of money column is a blank guarantee contract?

The guarantor guaranteed the full amount. When the signature stamping is done, it is not influenced whether the amount of money column was a blank the guarantee contract between the lessor and the guarantor in the lessor because it doesn't relate.

Because the signature stamping is done to the guarantee contract whose other dates of the repayment and interest and damage money, etc. are blanks, and the case that became a big trouble later is often heard, too it is necessary to take account enough recognizing the importance of the undertaking of the guarantor.

- Can the consort get off the guarantor if divorcing?

The guarantor cannot be automatically resigned by doing because of the divorce. You became a guarantor from the viewpoint of the law because the lessor of money judged that you have the guarantee abilities of the property and the income, etc. , and it is thought that the lessor of you and money did the guarantee contract.

The guarantee contract is able not to be canceled one-sidedly according to convenience personal of divorce. However, the guarantee can be refused about the borrowing putting that will be generated in the future.

- Can the guarantor get off by seeing debtor's situation?

It is not possible to get off the guarantor for the reasons that the guarantee obligation seems to be generated in the future. A contract cannot be canceled though the debtor has the guarantor something by guarantor's one-sided convenience.

- Does by the stamp's being appropriated when it is made to the guarantor without permission?

This contract becomes invalid because the guarantee contract is made without any relation to your intention as for it by the one having begun to steal even if your stamp is stamped, and there is no guarantee obligation. However, the creditor should be noted and it note it because the guarantee obligation was confirmed, and the guarantee obligation is generated in you if it responds to payment for instance for payment because of a morality responsibility as parents.

- Is there a prescription in the guarantee obligation?

It synchronizes with it if the payment obligation of the original money lending and borrowing disappears in the prescription, and the guarantee contract disappears, too. If pressing doesn't exist meanwhile, and either the money lending and borrowing contract disappears in the prescription, the guarantee contract becomes ineffective because five years are prescriptions in Commercial Code in a general civil law for ten years, too.


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