Lawyer Lin Qin Xia Hong
Practice for 9 years | Guangxi Chaoshiji Law Firm
Good at: criminal defense, marriage and family, contract disputes.
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Legal analysis: it will affect. The principal lender and * * * have the same repayment obligations as the lender. If you are not the actual loan user, you can better safeguard your own interests through litigation procedures.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 518 Where there are two or more creditors, and all or part of the creditors can request the debtor to perform the debt, it is a joint creditor's right; If there are more than two debtors, and the creditor can request some or all debtors to perform all the debts, it is a joint debt.
Joint creditor's rights or joint debts shall be stipulated by law or agreed by the parties.
Article 519 Where it is difficult to determine the share between the joint debtors, it shall be deemed that the share is the same.
A joint debtor who actually undertakes more debts than his share has the right to recover the excess from other joint debtors within the scope of his unfulfilled share, and shall enjoy the rights of creditors accordingly, but shall not harm the interests of creditors. Other joint debtors' defenses against creditors may claim against the debtors.
If the recovered joint debtor fails to perform its share, it shall be shared by other joint debtors in proportion within the corresponding scope.