Guarantee contract template content
The relative independence of a guarantee contract means that although the guarantee contract is a subordinate contract, it also has a relatively independent status, that is, the guarantee contract can occur or exist relatively independently of the guaranteed contract creditor's rights. The relative independence of a guarantee contract is mainly reflected in the following two aspects:
First, the relative independence of occurrence or existence, that is, the guarantee contract is also an independent legal relationship. The establishment of a guarantee contract, like the establishment of other contracts, must have the consent of the parties or occur in accordance with the provisions of the law. The establishment or occurrence of the guaranteed contractual creditor's rights are two different legal relationships and are subject to different legal adjustments.
The second is the relative independence of effectiveness, that is, in accordance with the provisions of the law or the agreement of the parties, a guarantee contract can be effective independently of the guaranteed contract creditor's rights. At this time, if the guaranteed contract creditor's rights are not established, invalid or invalid, it will not affect the validity of the already established guarantee contract. In addition, a guarantee contract has its own requirements for establishment, effectiveness and reasons for its elimination. Moreover, whether the guarantee contract is established, invalid or eliminated will not affect the contractual claims it guarantees.
From its meaning, a guarantee contract refers to a contract established by the parties on the basis of the principles of equality, voluntariness, fairness, and good faith to ensure the realization of creditor's rights.
From the perspective of the legal relationship structure of a guarantee contract, it includes three elements: subject, object and content.
From the nature of the guarantee contract, the guarantee contract is a subordinate contract. The purpose and function of a guarantee contract is to guarantee the realization of the principal debt contract. It can be seen that if there is no principal debt contract, there is no need to establish a guarantee contract. Therefore, the guarantee contract must be based on the establishment of the principal creditor's rights and debts contract as a prerequisite for its existence and always with it.
Things to note about guarantee contract template
Examine the guarantor’s qualifications
When a guarantee is adopted for guarantee, the credit ability and reputation of the guarantor must be carefully examined. At the same time, attention must be paid to whether the guarantor is a subject restricted by law to provide guarantee, so as to avoid the situation where the guarantee is invalid due to the guarantee subject not complying with legal provisions.
Complete the formalities required by law
A guarantee contract should be concluded with the guarantor, and the contract must be in writing. If mortgage registration is required according to legal provisions, mortgage registration procedures must be completed at different registration departments as required. The mortgage contract shall take effect from the date of registration. Third, if the law does not provide for mortgage registration, in order to prevent contract fraud, you can go to the local notary office to go through the registration procedures. The advantage of mortgage registration is that after registration, the collateral can resist the demands of a third party; bad signs can be discovered during the registration review, and possible fraud can be prevented in a timely manner.
Other preventive measures
Before signing a contract, legal investigation methods should be used to verify the authenticity and legality of the guaranteed property through different channels. The mortgagee shall require that all mortgage property certificates accepted must be original. For real estate with a larger amount, the mortgagor is required to provide an asset evaluation report made by the relevant agency.
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The guarantee contract template is a free template. You can download the source file for you to edit, modify and replace. Huajun Software Park also providesSteel structure construction contract template,Service Agreement TemplateDownload.
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