In real life, the community of property regime provides a legal basis for both spouses to jointly assume debts. Co-sponsorship, as a form of joint risk-taking, has become a necessary option in some cases. This article will explain the application of joint sponsorship and related measures to help you better understand this legal phenomenon.
1. Application of joint guarantee by husband and wife.
1.Joint debts: According to the provisions of the Civil Code of China, the debts obtained by husband and wife during the existence of the marital relationship are joint debts. When it comes to borrowing money, buying a property, a vehicle, and other large expenses, the couple may choose to guarantee together to show that both parties are responsible for the debt.
2.Improve the success rate of borrowing: In the view of some financial institutions, the joint guarantee of husband and wife can improve the creditworthiness of the borrower and increase the success rate of borrowing.
3.Protecting the rights and interests of both parties: The joint guarantee of the husband and wife can protect the rights and interests of both parties under the joint property system, and ensure that if one party is unable to meet the repayment obligation, the other party can jointly bear the responsibility.
2. Measures for joint guarantee by husband and wife.
1.Full communication: Before deciding on a joint guarantee, both spouses should fully communicate to understand the potential risks of the guarantee and ensure that both parties can bear the corresponding responsibilities.
2.Understand laws and regulations: understand China's Civil Code, Contract Law and other relevant laws and regulations, and clarify the legal consequences of joint guarantee by husband and wife.
3.Choose loan products carefully: When choosing loan products, it is important to carefully compare the loan interest rate, term, repayment method and other factors of different financial institutions to choose the product that suits your needs.
4.Sign a clear contract: When signing a guarantee contract, it is important to clarify the terms of the contract, especially the provisions on repayment responsibilities and overdue repayment.
5.Protect personal credit: In the process of guaranteeing, pay attention to protecting personal credit to avoid affecting credit records due to overdue repayment and other reasons.
3. Legal Advice.
1.Consult a professional lawyer: If you have any doubts about the joint guarantee of the husband and wife, you can consult a professional lawyer to ensure that your rights and interests are not infringed.
2.Retain evidence: During the guarantee process, keep relevant evidence, such as contracts, transfer records, etc., in case you need it.
3.Protection of common property: Understand the relevant provisions of the joint property system to ensure that the joint property is effectively protected during the joint guarantee process.
Juzhong Fame Legal Network reminds that joint guarantee is a way for husband and wife to bear risks together, especially in the case of joint debts, and both husband and wife may choose to jointly guarantee. Before deciding on a joint guarantee, it is important to understand the laws and regulations, fully communicate, carefully select loan products, and sign a clear contract to ensure the smooth progress of the joint guarantee between husband and wife. Let us use the wisdom of the law to jointly protect happiness and share risks.