witnesses need to bear legal responsibilities. The details are as follows:
1. The witness has only the legal liability of the witness, and the witness has no joint liability for compensation, and only the guarantor has the liability for compensation;
2. If you only know that there is no interest, the witness status is effective. Witnesses are not liable for joint compensation.
1. what is the legal responsibility of the witness?
The witness only proves that the contract has been signed, but it cannot be held liable. Only the guarantor can be held liable.
article 388 of the civil code (effective as of October 1, 2121) stipulates that a security contract shall be concluded in accordance with the provisions of this law and other laws when establishing a security interest. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with guarantee functions. The guarantee contract is a subsidiary contract of the principal creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, except as otherwise provided by law. After the guarantee contract is confirmed to be invalid, if the debtor, guarantor and creditor are at fault, they shall bear corresponding civil liabilities according to their faults.
2. What are the differences between witnesses and witnesses?
A witness is a person who knows the case and gives testimony. In our country, except those who are physically or mentally defective or young and can't distinguish right from wrong and express their will correctly, everyone who knows the case has the obligation to testify. Witnesses should provide truthful testimony, and if they commit perjury or conceal criminal evidence, they will bear legal responsibility. Different from a witness. A person who is not interested in the case and who is invited by the judicial organ to observe and supervise the implementation of a litigation act when necessary, and can testify when necessary. Also known as the witness. The witness is decided by the case itself, and cannot be chosen arbitrarily, only testifying about the facts of the case itself; The witness is produced and decided according to the need, and can be selected. At the same time, he only proves the fact that he is invited to witness.
3. What is the legal status of the witness?
A person who is not interested in the case and who is invited by the judicial organ to be present to observe and supervise the implementation of a lawsuit, and can testify when necessary. Also known as the witness. In criminal proceedings, investigators must invite people who have no interest in the case to be present as witnesses to observe and supervise the implementation of the relevant acts, and sign or seal the transcripts made on the spot.
in civil execution, witnesses should also be invited to be present when the debtor's property is sealed up, detained or extracted. When a people's court serves a subpoena, notice or other litigation document, if the addressee or agent refuses to accept it, the addressee may invite a witness to be present, prove the reasons for the refusal on the service certificate, sign it by the addressee and the witness, and leave the document behind, which is deemed to have been served. Witnesses are different from witnesses. The witness is decided by the case itself, and cannot be chosen arbitrarily, only testifying about the facts of the case itself; The witness is produced and decided according to the need, and can be selected. At the same time, he only proves the fact that he is invited to witness.
I hope the above contents can help you. If you have any other questions, please consult a professional lawyer.
legal basis: article 388 of the civil code
to establish a security interest, a security contract shall be concluded in accordance with the provisions of this law and other laws. Guarantee contracts include mortgage contracts, pledge contracts and other contracts with guarantee functions. The guarantee contract is a subsidiary contract of the principal creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, except as otherwise provided by law.
after the guarantee contract is confirmed invalid, if the debtor, guarantor and creditor are at fault, they shall bear corresponding civil liabilities according to their faults.