Legal responsibility of contract witness

Witnesses do not bear joint and several liability for compensation, but bear the legal liability of witnesses; Once the borrower refuses to admit the loan, the witness shall bear the legal responsibility of the witness, but shall not bear the legal responsibility of joint compensation. 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.

The witness only proves that the contract has been signed, but he can't be asked to take responsibility. Only the guarantor can claim responsibility.

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 main creditor's rights and debts contract. If the principal creditor's rights and debts contract is invalid, the guarantee contract is invalid, unless otherwise stipulated by law.

If the debtor, guarantor and creditor are at fault after the guaranty contract is confirmed to be invalid, they shall bear corresponding civil liabilities according to their faults.

The condition of a contract witness is that he has full capacity for civil conduct and has no interest in the parties. In civil execution, witnesses shall be invited to be present when sealing up, distraining or extracting the debtor's property. If the contract needs to be notarized, the parties may go to the notary office for notarization, or ask a lawyer to witness it, or both parties may ask someone to witness it through consultation.

However, the contract witness cannot be a relative. According to the relevant laws and regulations of our country, the conditions for becoming a contract witness include having full capacity for civil conduct and having no interest in the parties, so relatives cannot be contract witnesses.

People's Republic of China (PRC) Civil Code

Article 143 A civil juristic act that meets the following conditions is valid:

(1) The actor has corresponding capacity for civil conduct;

(2) the meaning is true;

(three) does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customs.

legal ground

Article 685 of the Civil Code of People's Republic of China (PRC) * * * 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.