论文部分内容阅读
李某碍于情面为好友陈某提供担保,使陈某从当地的一家银行贷出人民币10万元,可到期后陈某因无力偿还而外逃,法院判决李某应承担连带赔偿责任。李某含泪借款为陈某偿还了债务。在现实生活中,像李某一样因担保而官司缠身的人还有很多,尽管他们觉得很冤,但按照我国《担保法》的有关规定,当债务人不能履行债务时,担保人有代为清偿债务的义务。因此,这里提醒大家,在替他人担保时须谨慎行事,在担保行为发生之前,应考虑以下几个问题:
Lee due to the situation as a friend Chen to provide security, so that Chen from a local bank loan of 100,000 yuan, after the expiration of Chen due to insolvency, the court ruled that Lee should bear joint and several liability for compensation. Lee tearful loan for the Chen repayment of the debt. In real life, there are still many lawsuits like Lee because of guaranty. Although they find it unjust, according to the relevant provisions of China's “Guarantee Law”, when the debtor can not fulfill his obligation, the guarantor has to pay the debts on behalf of the government The obligation. Therefore, to remind everyone here, in the guarantee for others to be cautious, before the guarantee occurs, should consider the following questions: