Can non-government borrowers list joint guarantors as defendants?

Editor: Luo Ye Law Source: Law Luo Law 2018-01-14 09:36

First, private lending can be co-sponsor as a defendant it

Article 53 of the Opinion of the Supreme People's Court on the Opinions on Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China stipulates: "Where a creditor files a lawsuit against a guarantor and a guarantor for claims in connection with a guarantor's contract dispute, the people's court shall The guarantor and the guarantor are listed as co-defendants: when the obligee sue the guarantor only, the guarantor shall be informed by the people's court to participate in the lawsuit as a joint defendant unless the guarantor stipulates that the guarantor shall be jointly and severally liable. The obligee may only sue the guarantor but may only be listed The guarantor is the defendant. "


Second, discuss the debt officer should pay attention to what

(A) debt dispute prosecution, attention to the limitation of action.

Article 135 of China's "General Principles of Civil Law" stipulates: "The limitation of action for requesting civil people's rights for protection from civil proceedings for a period of two years". Article 140 states: "The limitation of action is interrupted by the filing of a lawsuit by one of the parties requesting or consenting to performance of the obligation, since the interruption, the recalculation of the limitation of action". To this end, creditors should pay full attention to this point, otherwise the statute of limitations over time, claims lose the legal protection.

View full text



Guess you want these loans

Housing for loans

Mortgage records to loan


The minimum monthly interest rate

1 day

The fastest money

Redemption of building loans

Solutions mortgage, help sell houses


The minimum monthly interest rate

30 days

The fastest money

House mortgage

Housing mortgage, good cash flow


The minimum monthly interest rate

7 days

The fastest money

Renovation loan

Buy a home renovation loan


The minimum monthly interest rate

1 day

The fastest money





related articles




Forum hot posts



Loan tool



you may also like


current location:Financial 360>loan>Loan Raiders>text