[Case Review].
The host Zhu Dan recently revealed on the show that many years ago, a friend needed to borrow money due to financial problems, and wanted her to sign as a witness, and the friend sent a blank piece of paper for her to sign, and signed her name out of trust, only to realize that she confused the identity of the witness and the guarantor, and the act of signing on the blank paper made her finally use all her savings to repay her friend's debt, although she sued the friend and won, but the friend declared bankruptcy and finally took all the debts herself.
[Hanji Lawyer on Law].
First of all, there is an essential difference between a witness and a guarantor:
The guarantor is the guarantor who performs the debt or assumes responsibility on behalf of the debtor when the debtor is unable to perform the due debt or the circumstances agreed by the parties occur.
A witness, in law, is a person who narrates or confirms what he actually sees;A person who testifies in official attendance (e.g., in the handling or execution of a criminal) does not bear the civil liability of the entity.
The first paragraph of Article 67 of the Civil Procedure Law of the People's Republic of China stipulates that "the parties have the responsibility to provide evidence for their own claims". After signing his name, Zhu Dan had no valid evidence to prove that he did not know the contents of the document, and there was no valid evidence to prove that the other party had maliciously deceived, so he had to bear adverse consequences. From Zhu Dan's account, it can be seen that she signed a guarantor contract under the misleading of her friend, and finally took on the responsibility of guarantor when her friend could not bear the debt.
[Hanji lawyer reminds].
1. Never sign on blank paper. When others provide blank paper or blank contracts to require signatures, especially when it involves loans, investments, guarantees, etc., various risks may arise and signatures should be refused.
2. When it is really necessary to sign the document, be sure to indicate the purpose of the signature next to the signature. And do not leave too much blank near the signature, so as not to be added by the other party to the content that is unfavorable to you, and require the other party to provide a written document explaining the purpose of the signature, provide a copy of the signed document, and if conditions permit, you can make an audio or video recording when signing.
Link to legal provisions: Article 681 of the Civil Code A guarantee contract is a contract in which the guarantor and the creditor agree that the guarantor will perform the debt or assume the responsibility when the debtor fails to perform the due debt or the circumstances agreed by the parties occur.
Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases》 Article 21: Where others sign or affix their seals to IOUs, receipts, IOUs, or other proof of creditor's rights or loan contracts, but do not indicate their identity as guarantors or bear guarantee liability, or cannot be presumed to be guarantors through other facts, and the lender requests that they bear guarantee liability, the people's courts will not support it.