Witness's legal responsibility: the witness only proves that the contract has been signed, but can't ask him to bear the responsibility. Only the guarantor can claim responsibility. If a third party unilaterally issues a letter of guarantee to the creditor in written form, and the creditor accepts it without raising any objection, the contract is guaranteed to be established. Although there is no guarantee clause in the main contract, if the guarantor signs or seals the main contract as the guarantor, the contract is guaranteed to be established. Article 685 of the Civil Code stipulates that a guarantee contract can be a separate written contract or a guarantee clause in the principal creditor's rights and debts contract. If the third party unilaterally makes a written guarantee to the creditor, and the creditor accepts it without raising any objection, the guarantee contract is established.
Legal objectivity:
I. What is the legal responsibility of the witness 1. In the process of execution, when the debtor's property is sealed up, detained or extracted, witnesses shall also be invited to be present. 2. If the people's court refuses to serve subpoenas, notices and other litigation documents, the addressee or agent may invite witnesses to be present, prove the reasons for the refusal on the service receipt, and leave it after being signed by the addressee and witnesses, which means service. Article 67 of the Supreme People's Court's Interpretation of Application: The following persons shall not serve as witnesses in criminal proceedings: (1) People who are physically or mentally defective or young, do not have the corresponding ability to distinguish or cannot express correctly; (two) people who have an interest in the case and may affect the fair handling of the case; (3) Staff members of public security and judicial organs who exercise the functions and powers of criminal proceedings such as inquest, inspection, search and seizure, or personnel employed by them. If it is impossible for a qualified person to be a witness due to objective reasons, it shall indicate the situation in the record materials and record relevant activities. Second, notarization and witness are the same thing? I often meet people who ask me for notarization. At this time, I have to explain, "I am a law firm here, I can't do notarization, I can only be a witness." So "is witness the same as notarization?" What is the difference? "In short, the" notary office "proves the authenticity and legality of legal acts, legal documents and facts according to the application of the parties. Lawyer's witness refers to the activity that a law firm accepts the entrustment or application of the parties, and carefully examines and proves the authenticity and legality of relevant legal acts or legal facts in the name of law firms and witness lawyers. The similarities between the two are as follows: if both parties prove the authenticity of the contract as a third party other than the parties to the contract; In the process of witness or notarization, we should review the contents of the contract according to our own legal knowledge, and witness or notarization will only be carried out on the premise of subjective confirmation of its legitimacy; They are all carried out according to the application or entrustment of the parties. The fundamental difference between them lies in the different subjects of lawyer's testimony and notarization. The lawyer's testimony is conducted by the lawyer of the law firm, and the notarization is conducted by the notary of the notary office. Of course, in most cases, whether the contract is notarized or witnessed does not affect the validity of the contract, as we have said before. As far as the effectiveness of notarization and witness is concerned, there is no difference in most cases. However, these two methods still have their own advantages and characteristics.