Who can be a guarantor on a loan agreement. The rights of the guarantor in repaying them credit obligations. On video about the consequences of guarantee

Under the guarantee agreement, the guarantor undertakes to the Bank - the creditor of the borrower to respond to the execution of its obligations in whole or in part. As a rule, guarantors are responsible to jointly with borrowers. However, the guarantee agreement may provide for the subsidiary responsibility of the guarantor. In this case, the requirement to the guarantor may be submitted after the debtor refused to satisfy the claim of the creditor or the lender did not receive from him within a reasonable period of the response to the claim (paragraph 1 of Art. 361, paragraph 1 of Art. 363 of the Civil Code of the Russian Federation; p. 6 review, approved by the Presidium of the Supreme Court of the Russian Federation 12.07.2017).

1. Responsibilities of the guarantor

The responsibilities of the guarantor can be divided into two categories:

• assigned to the guarantor by virtue of the law;
• assigned to the guarantor.

1.1. Responsibilities of the guarantor by force of law

If the borrower is not fulfilling or improperly executing its obligations credit Treaty The guarantor responds to the lender in the same volume as the borrower, including the return of the principal debt, payment of interest, penalties (fine, penalty), reimbursement of legal costs to recover the debt and other losses of the creditor, caused by the non-fulfillment or improper fulfillment of the obligation to the borrower, unless otherwise Provided by a guarantee agreement (paragraph 2 of Art. 363 of the Civil Code of the Russian Federation).

The execution of the guarantee of obligations in practice may occur in the following ways:

• the Bank makes the Guarantor a written requirement for payment of cash on the execution of the obligations of the borrower, which indicates the total amount of the borrower's debt on the day of the requirement of the guarantor, the deadline to which the debt must pay off, and other necessary information;
• the bank writes off without orders (consent) of the guarantor cash From bank accounts of the guarantor to the execution of the obligations of the borrower, determining at its discretion, which obligations (debt) are repaid at the expense of the payment produced in the framework of writing off. At the same time, such a law of the bank should be provided for by the contract of guarantee.

Note!

Failure to fulfill the guarantee of the obligations assumed in accordance with the Guarantee Agreement entails the same negative consequences for the guarantor as for the borrower. The bank may apply to the court with the requirement of debt returns both to the borrower itself and to the guarantor. Therefore, if the court decides in favor of the Bank, debt can be recovered including through the implementation of the property owned by the guarantor.

1.2. Responsibilities of the guarantor due to the contract

Such responsibilities are of a kind of organizational nature. To them, for example, can relate:

• responsibility to inform the Bank to change the address, passport data, etc.;
• the obligation to inform the Bank on the initiation on the guarantor of the criminal case or on the presentation of the requirements in civil proceedings to the guarantor, on the imposition of arrest on the property of the guarantor, etc.;
• the obligation to inform the Bank on the occurrence of any event that can negatively influence the ability of the Guarantor to fulfill its obligations under the guarantee agreement;
• the obligation to provide various documents at the request of the Bank;
• other duties.

Also, a guarantee agreement may be provided for the responsibility of the guarantor without the written consent of the Bank not to give up fully or partially their rights and obligations under a guarantee agreement to other persons.

2. Rights of the guarantor

The following are as follows to the rights of the guarantor.

1. After the guarantor fulfills its obligations under the guarantee agreement, it is transferred to the Bank's right as a lender (paragraph 1 of Art. 365 of the Civil Code of the Russian Federation).

Accordingly, the guarantor has the right to receive all documents from the bank, certifying the requirements of the guarantor to the borrower, as well as the right to provide these requirements from the Bank. The procedure for obtaining is determined by the contract of guarantee (paragraph 2 of Art. 365 of the Civil Code of the Russian Federation). Such documents can be, for example, a copy of the loan agreement, payment documents on the payment of the guarantor of the requirements of the Bank, etc.

2. The guarantor can refer to the borrower with the requirement of returning to him all the amounts paid by the Bank under a guarantee agreement, as well as require a borrower to pay interest on the amount paid and compensate for other losses incurred in connection with the repayment of the borrower's debt to the bank (paragraph 1 Art. 365 of the Civil Code of the Russian Federation).

Before the execution by the debtor of these requirements, the guarantor has the right to also require the fulfillment of obligations from other involuters in the amount corresponding to their share in ensuring the obligations of the debtor. These shares are supposed to be equal, unless otherwise provided by the contract of guarantee or the consent of the aircraft (paragraphs 1 of paragraph 2 of Art. 325, paragraph 3 of Art. 363 of the Civil Code of the Russian Federation; paragraph 1 of the review judicial practice Supreme Court of the Russian Federation N 3 (2016), approved. Presidium of the Supreme Court of the Russian Federation 10/19/2016).

If the borrower and the oppositor refuse to satisfy the specified requirements voluntarily, the guarantor has the right to apply for the protection of its rights to the court (paragraph 1 of Art. 11 of the Civil Code of the Russian Federation).

3. The guarantor has the right to nominate the objections against the requirements of the Bank, which could submit a borrower, unless otherwise follows from the guarantee agreement (paragraph 1 of Art. 364 of the Civil Code of the Russian Federation). This is done, for example, if, according to the guarantor, the bank violates the conditions for the loan agreement and the guarantee or the right to the borrower or the guarantor under the law, including consumer rights. At the same time, the guarantor does not lose the right to these objections even if the borrower refused them or recognized his duty.

4. The guarantor has the right not to fulfill its obligation until the lender has the opportunity to meet his claim by credit against the debtor's demand (paragraph 2 of Art. 364 of the Civil Code of the Russian Federation).

Often, to obtain a loan, borrowers are required to invite the guarantor. Often this happens if its income is not enough to obtain a loan. In addition, it reduces the risks not to refund the bank. Who can be a guarantor, told in the article.

Concept

The guarantor is called a citizen or the organization of a different form of ownership, which is responsible for the timeliness of the fulfillment of obligations by the borrower. The subtleties of cooperation between the parties are indicated in a special agreement, which begins to act immediately after signing. For the loan design, the borrower needs 2-3 guarantors. The document subscribes with each of them. Each guarantor is considered to be responsible for the lender.

According to the norms of the law (Art. 36 of the Civil Code of the Russian Federation), the guarantors cannot claim funds issued by the borrower, as well as property purchased due to these money. But if the payment or refusal of the loan is delayed, this person becomes responsible for this. Each bank provides the rules of the one who can be a guarantor.

Requirements

Who can be a guarantor? Requirements differ depending on the bank and credit Program. It is usually important compliance with the following nuances:

1. Age - no less than 18 years and no more than 65 years.
2. Citizenship of the Russian Federation.
3. The presence of constant income from 6 months.
4. Positive credit history.

These are the basic requirements for the one who can be a guarantor. The bank can also take into account other nuances. Usually institutions require a certificate of income of the guarantor and other documents. Some financial institutions are not allowed to attract close relatives and spouses, while others, on the contrary, give consent only to them.

It is hardly possible to accept the guarantor with a bad credit history. Requirements need to be recognized in a banking institution where you want to make a loan. Although they may differ, but the duties remain the same. This sphere is regulated by the Civil Code of the Russian Federation. First you need to get acquainted with the norms of the law before entering into a deal. This will avoid many troubles. A loan without guarantors is a more convenient form, but it is not always provided.

Responsibility and risks

The loan guarantor has a responsibility that can be 2 species. The first is considered solidarity. With it, the responsibilities are equal to the guarantor and the borrower. Then the bank has the ability to present sanctions to the guarantor at the first payment delay. The second type of responsibility is the subsidiary, which occurs when it is impossible to fulfill obligations. This must be confirmed by the court. Usually in contracts indicated solidarity.

Therefore, in violation by the Borrower's conditions of the contract, the Bank may require the guarantors of the implementation of the following actions:

• repayment of a debt;
• repayment of interest;
• payment of fines and penalties;
• payment of legal costs.

Debt repayment can be carried out with cash or non-cash funds, as well as thanks to the property. Property is considered unnecessary, if it is recognized as the only housing and bought to them in the mortgage. Otherwise, the Bank's right is unlimited: he can put arrest on property, accounts, and also oblige debt payment from salary.

Responsibility from the guarantor on the loan is not removed even with his death. If he dies until the end of the loan period, his obligations go to heirs. The latter can not be disturbed before the period of entry into inheritance. This serves as a confirmation that the guarantee is considered a risky step. It is easier to make a loan without guarantors, because not everyone agrees to such a transaction.

Nuances

In addition to the material risks, the guarantor at the unscrupulousness of the borrower receives a negative credit history. After all, the delay will be taken into account in both parties. Even if their debts are paid in full, the guarantee may complicate the situation. These are not all nuances.

Even if the borrower pays a loan in good faith, the guarantor may face problems in the loan. So far, the contract is valid, the limit will be taken into account on its basis. If necessary, can get rid of the status of the guarantor, but for this you need permission from the borrower and creditor.

Validity

How long is the responsibilities of the credit guarantor? This is established by the contract or Civil Code of the Russian Federation. Usually in the document indicates a clear period. It, as a rule, coincides with the period of action of the loan agreement. But there are exceptions when you need to take into account the duration of the guarantee in the Civil Code of the Russian Federation:

1. If the document does not date, the guarantee ends in the absence of lawsuits from the credit institution to the guarantor during the year from the date of payment offensive.
2. In the absence of the payment period in the contract, the duties end in 2 years, if during which time the bank did not come from the bank.
3. If the bank changed the conditions without warning the guarantor and his written permission, the guarantee ends automatically.
4. When the borrower is considered to be an organization, but it is eliminated, the guarantee ends.

Period of limitation equal to 3 years. Responsibilities are completed when changing the borrower. This is happening for various reasons. But usually it happens after the death of the borrower. Credit obligations are transferred to heirs. If the guarantor is a spouse, then the duty is maintained after the divorce.

Mitigation of the responsibility of the guarantor

It turns out that if the borrower does not make payments responsible for this will be the guarantor. What if the bank began to make complaints? Contact the borrower and find out his financial situation. If the delay of payment is associated with temporary difficulties, and the person does not refuse obligations, then you can try to help him solve the problem. For example, find a job or part-time job, you can make an amount for it.

Even with one-time contribution, you should take a payment document, as it will confirm the fulfillment of obligations. If you are able to help logically, you should visit the bank and talk to the manager. Many credit organizations Help customers in case of overdue. It may be credit holidays, delay or refinancing a loan.

If the borrower disappeared, then the Bank should be visited. It is important to learn about the requirements, the amount of debt. All information is confirmed by documents. Then you can tell a jar where to look for a borrower. There is an opportunity to submit an application for debt restructuring or delay.

If the delay was approved, you need to do the following:

1. Find a borrower and attract him to justice.
2. Challenge a guarantee document in court.
3. Repair property to a trial.
4. Make it so that there is no official income.

These actions reduce property risks. It is also worth studying all the nuances. It should be borne in mind that all property purchased in marriage is joint. Therefore, his bank cannot take to pay for debt. It is necessary to collect documents on the timing of the purchase of values.

The rights of the guarantor

In addition to responsibilities, the guarantor has the right. Based on them, a person is considered as if the lender of the borrower. When redeeming his debt, the guarantor can recover its costs. Therefore, all types of assistance must be confirmed documented.

If the borrower disappeared, and it has property, then you can sue my share. This allows you to cover costs. In addition, the presence of the borrower is not necessarily.

Output

Thus, the guarantor is an important person when issuing a loan. It is important to think well before agreeing on the conclusion of such a transaction. After all, after that, a person acquires many duties.

Today I want to consider what is loan guarantee. This publication will be interesting, first of all, those who are or is going to act as a guarantor on a loan of another person. In it, I will tell you what kind of guarantee, what types of guarantees there are, what responsibility it implies, and what attention should be paid if you decide to make a guarantor on a loan.

Let's start, as usual, from the definition.

What is guarantee?

The loan guarantee is one of the forms of providing bank loans, implying the full responsibility of the guarantor for the implementation of obligations to the Bank by the Borrower. The responsibility of the guarantor exactly the same as the responsibility of the borrower is no less, and no more. Speaking by legal terms, the guarantor and the borrower are carrying joint responsibility to the bank.

The loan guarantee implies responsibility for redeeming not only the loan itself and interest, but also all sorts of fines, penalties and any other payments that may arise from the loan agreement.

For the bank, the loan guarantee is not a major, but important and weighty additional tool that allows you to reduce your risks, having received another opportunity to claim a debt, if the borrower will experience problems with repayment.

Types of guarantee.

Loan guarantee can be two types: simple (blank) and property.

– Blank guarantee It assumes that the guarantor is entrusted to the lender to all that he has, but at the same time nothing concrete.

– Property guarantee This means that the guarantor draws up some particular property located in his property, pledge to the bank.

Traditionally, the blank guarantee is considered less "dangerous" for the guarantor, since it will be more difficult to claim some property to redeem the loan in this case. However, it does not exclude such a likelihood: the court can recover a loan debt from the guarantor by selling his property if it cannot be done in other ways.

The contract of guarantee.

The loan guarantee is issued by the Treaty. The guarantee agreement can be both double-sided (between the bank and the guarantor) and trilateral (between the bank, the borrower and the guarantor). In the event that this property guarantee, with the guarantor, in addition, is signed by the agreement of the collateral (mortgages). In some cases, the guarantor can also perform a third party when signing a loan agreement.

The form of a guarantee agreement in each credit institution Own, but in any case, it implies the full responsibility of the guarantor for the execution of all obligations under the loan agreement.

What will happen if the borrower stop paying the loan?

In this case, the bank receives the full right to demand repayment of a loan from the guarantor. Moreover, it is not at all necessary. It will first "squeeze" everything that can be from the debtor, but only then contact the guarantor. Since the guarantee contract suggests solidarity, the lender has the right to choose himself, to whom to contact him first. Thus, if he sees that the borrower "on zero" and does not have sources of income, and the guarantor receives a good income - it will go along the path of the least resistance, which is quite logical: will present the requirements for the guarantor.

If the guarantor refuses to fulfill the obligations of the debtor on the loan, the Bank after a number of attempts to solve the issue by negotiation will apply for him to court.

There are circumstances in which the contract of guarantee loses its force, but their offensive is unlikely. For example, if the lender refuses to take debt from the debtor, but it requires his return from the guarantor. Or if changes in the loan agreement have been made in terms of increasing the amount of debt, but they are not included in the contract of guarantee. If the debt is translated into another borrower, for which the guarantor was not charged, etc.

By the way, according to the law, after the guarantor repays a loan or part of his debtor, it acquires the creditor rights in relation to it, that is, further can require compensation from the borrower of all these expenses by any legitimate ways, Including through the court.

Who can act as guarantor on the loan?

The guarantor on the loan can be made by any person or enterprise that meet the requirements of the Bank for a specific lending program. Of course, the better the guarantor, and the more he earns, the fact that it will be more attractive from the point of view of the financial organization.

The ideal guarantor for the physician from the point of view of the bank is the Jurlso, especially those serving in the same bank. So, often guarantee on the credit of the director, top manager or even just an ordinary employee of the company takes on the company-employer. Conversely, on the loan of Jurlitsa, his founder or director often acts as a guarantor.

If a loan takes a marriage man, in many cases banks require the execution of a guarantee agreement with his wife / spouse. This is quite logical, because according to the legislation, all the property and obligations of spouses are common, therefore, such a guarantee only enshrines the norms established by law.

A complete relative, close or distant, as well as an absolutely foreign person (friend, colleague, head, etc.) can act as guarantor on the loan.

Documents for the guarantor on the loan.

In any case, the guarantor must provide the original and photocopy of the passport (in a number of countries - and the tax code). Next, the documents for the guarantor on the loan may differ depending on the bank and the lending program.

For example, with the most simple bank can not require anything from the guarantor in except for the passport. In other cases, the Bank will require an income from the guarantor. Moreover, it can how to pay attention to the size of these income, and not to pay (the certificate can be needed clean for the formality to confirm that the guarantor generally has some income).

Loan guarantee is very serious! Speaking by the guarantor, you actually risk becoming a debtor in the full amount of the loan, interest and penalties. Even if this is a blank guarantee, the Bank has the right to recover from you to the repayment of all the obligations of the debtor, including through the implementation of your property. The greater the loan amount - the more your risks.

It seems to me that to act as a guarantor on a loan for a friend or a friend is something akin to. Familiar to all saying "Want to lose a friend - a loan to him" does not lose sense, if it is to rephrase it as follows: "You want to lose a friend - I will give a credit guarantor."

To act as a guarantor - it is practically the same thing that make a loan for ourselves (sometimes friends ask about it, and sometimes they do not even refuse ...). Even if it immediately it seems that everything will go well, the guarantee is just a formality, and the friend will pay quickly - at any moment the situation may change. And the speech here is not necessarily about the unscrupulousness of the borrower (although it often takes place). Your friend can simply lose the job, lose the income, get a serious injury that will make it disabled or in general, God forbid, die. Well, anyone can happen. And in all these cases, fully repay the loan will have to you.

Of course, there are situations where the loan guarantee, on the contrary, is not even necessary to the bank, but the borrower itself. For example, when two or several partners own a business, and one of them takes a loan for the development of this business, it is quite logical that the rest should play the guarantor and bear joint responsibility, because these are their common cause. Or when a loan takes one of the spouses, and the second acts as a guarantor - this is also a completely normal situation, because they have a common one.

But if a person acts as a guarantor on a loan for a third-party borrower - he, thereby, exposes financial threats not only to himself but also his family, especially if we are talking about large amount The loan, and even if something is paid for the guarantee (in this case, the probability of being deceived only increases).

To protect yourself, the guarantor can enter into your own separate contract with the borrower, in which all the conditions for the return of monetary amounts that may be spent in the future to repay debts. This will serve as a certain incentive for the debtor in good faith to fulfill its loan obligations.

What you need to know the loan guarantor?

The loan guarantor must know:

1. Full information on the loan received. Amount, deadlines, interest rates, commissions, repayment schedule, etc. All this needs to be applied to yourself and understand whether you are able to repay such a loan without prejudice to personal finance. If not - I do not recommend agreeing on the loan guarantee.

2. Full information about the borrower. Who he is from where he lives, how he earns, for which it takes a loan and at the expense of what funds plans to repay him. I strongly recommend that even if we are talking about a person close to you, to fully use the rule "trust, but check."

In addition, the guarantor must realize, understand and bear full responsibility for the following points:

- the loan guarantee will create obstacles if you decide (in this case, when evaluating your solvency, the bank will take into account that you should have enough funds to pay off both loans);

- If the debtor will not repay the loan on time, it will arise not only from him, but also with you as a guarantor. This will create even great difficulties if you decide to use the loan yourself;

- The loan guarantee can lead to the loss of personal property (even if you have not laid anything specifically).

Perhaps this is all the key information about the loan guarantee, which I wanted to convey to you. If any important additions arise, I will set them out in a separate publication.

In general, to act or not to act the guarantor - to solve only you. But you must fully realize the severity of the situation and bear full responsibility for the decision you adopted.

That's all. The site will teach you to correctly build your relationship with banks, earn, invest and competently dispose of personal finances. Stay with us and increase your financial literacy. To new meetings!

When lending to large sums Money, banks resort to attracting a person who is ready to vouch for the payment of debt. The responsibility of the guarantor on a loan will be distributed to it until the entire amount of credit funds and percentage will be fully repaid.

Who is such a guarantor

The guarantor is a person who is entrusted that the borrower will fulfill its credit obligations to the bank. Depending on the terms of the contract, it undertakes to partially or fully repay the debt, all the accumulated fines and percentages of the debtor in its insolvency.

The guarantee involves the collaborative responsibility of the borrower and the guarantor to the bank in case of violation of the loan agreement.

Types of joint responsibility

Joint responsibility to the lender can be in two forms:

1. solidarity;
2. subsidiary.

Joint responsibility

This species implies equal responsibility for the non-payment of a loan, both the borrower and his guarantor. In the presence of overdue to payments or their complete absence, the Bank has the right to contact the guarantor and require him to fulfill the obligations on debt payment.

Banks are more often proposed to sign a contract of solidarity responsibility. This agreement protects the interests of the lender and is an additional insurance against the non-payment of the loan.

Subsidiary responsibility

This species suggests that the bank may contact the guarantor and require him to partially or fully assume the obligations of the loan, only after proof of the financial insolvency of the borrower.

In this case, the Bank cannot submit no requirements for the failed person until the court decides on the insolvency of the borrower. The bank should apply to the court on his own and only after the adoption of the appropriate decision can refer to the guarantor.

Bank is unprofitable to issue funds under the contract of subsidiary responsibility. In the event of the disappearance of the borrower, it is impossible to prove its insolvency in court, respectively, no complaints may be presented to the guarantor.

What needs guarantors for what

Guarantor - a peculiar substitution financial institutionwhich gives out credit funds. The more the loan amount requested, the greater the number of guarantors may require a bank.

Benefits of the presence of the guarantor:

1. Warranty. When issuing funds, the bank can be sure that the funds will be returned to it, regardless of the financial situation of the borrower.
2. Conditions. If there is a guarantor, the Bank is more willing to reduce the interest rate on the loan, due to the availability of guarantees for debt payment.
3. Credit amount. The presence of the guarantor will not increase the possible amount of the loan. This parameter depends on the income of the borrower, financial condition The guarantor is not taken into account.

Conditions

The conditions for the participation of the guarantor in the lending contract are as follows:

1. The guarantor signs the contract that implies the imposition of responsibility for the payment of debt, if the debtor cannot do this independently.
2. The guarantor is not a loan coacher, and does not receive any profits from that. He has no right to dispose financial means, movable and real Estateobtained by the transaction.
3. The type of joint responsibility chooses the Bank and is obliged to inform the terms of responsibility of both parties when signing the guarantee agreement.
4. The bank may require a borrower to provide not one, but several guarantors at the same time when issuing a major loan.
5. Depending on the form of mutual liability on the loan, the guarantor can attract not only the body of the loan, but also additional interest, penalties, legal costs.
6. Charging for the borrower, the guarantor imposes on his responsibility for the payment of a loan, regardless of its financial position.

Danger of guarantee

The danger of guarantee is as follows:

1. When signing the contract of guarantee, the guarantor does not receive rights to manage the funds obtained by the Borrower from the Bank.
2. Most banks resort to the instrument to the guarantor after some time after the debtor broke the obligatory loan payments. During the time the bank turns to the guarantor, interest and fines will be added to the body of the loan, which can lead to an increase in debt almost twice.
3. In the case of the bank's appeal to the court, the debtor and his guarantor are equally responsible. The guarantor does not have any concerns when fulfilling obligations under the guarantee agreement.
4. In the absence of the ability to fulfill obligations to the lender, the credit history of the guarantor flies, which may cause difficulties in obtaining another loan.

The rights of the guarantor

Despite the disadvantage of the agreement of the guarantee, the guarantor has the right, the knowledge of which will help to mitigate the degree of responsibility in the event of financial difficulties at the borrower:

1. By signing a guarantee agreement, the guarantor agrees only with the conditions that were specified in the document. When making a transaction in a loan agreement, the size is described interest rate on credit if the bank changes it in unilaterally, the guarantee agreement is canceled. When the rate is changed, the Bank must conclude an agreement with the guarantor and receive written consent to new conditions.
2. Changing the timing and face of the debtor by the creditor removes responsibility from the guarantor. When changing the loan time or debt transfer to a third party, the Bank is obliged to inform the guarantor about this and consent to new conditions.
3. When paying debt and costs of the loan by the guarantor, he receives the right to demand compensation among the debtor. In this case, the right to collect a debt goes to the guarantor, through the court he can demand from the borrower not only the amount of the loan, but also all interest on it, the amount of fines and legal costs.

How to protect yourself

Friends or acquaintances may ask you to become a guarantor when you receive a loan in a bank.

Before agreeing to become a guarantor, it is worth weighing possible risks:

1. The ability to make payments yourself. Agreeing, to become a guarantor should calculate the obligatory payments on the loan and weigh their material opportunity to pay them yourself. If the amount causes serious damage to the budget, then it is worth abandoning such an agreement.
2. Guarantees from the borrower. Before becoming a guarantor, it is worth assessing financial position Borrower and evaluate his ability to pay debt independently. If there is no confidence in the borrower, that is high probability The fact that a loan will have to pay the guarantor himself. Before signing the contract, contact the borrower asking for additional guarantees In case he cannot pay debt.
3. Treaty. If possible, the Bank should be asked to conclude a subsidiary contract. Banks reluctantly provide such conditions, it increases their risks and reduces the risks of the guarantor.
4. Attentive familiarization with the conditions. When signing the contract, it should be carefully examined by all its items and ask the employee of the Bank to clarify not clear.
5. Do not agree to changes in the loan conditions. The increase in the term of the loan and the transfer of debt to another person will entail additional increase Loan rates. If the guarantor did not sign the change agreement, then it is not responsible for this agreement.
6. Full fulfillment of obligations to the bank if necessary. If the borrower could not pay debt, the guarantor should fully fulfill its obligations in order not to increase the debt at the expense of fines. After full pay It should be consistent with the borrower demanding fully compensate material damage.

On video about the consequences of guarantee

The situation where relatives or acquaintances are asked to become a guarantor upon receipt of a loan, familiar to many of us. Someone easily agrees, thinking that it is just a formality, and someone doubts and refuses. And not in vain. Because such frivolism can easily turn into big debts for the guarantor.

Who is such a guarantor

Usually borrowers go to any tricks, just to persuade a person to become a loan guarantor. But before "buying" to such promises, it is necessary to clearly understand what kind of responsibilities carries the guarantee. It should be remembered that the guarantor acts as a guarantor for the Bank and is responsible for the implementation of the obligations specified in the loan agreement (Article 361 of the Civil Code of the Russian Federation). Often, people agree to the guarantee to "help" a friend or relative, and then when the time comes to pay debts on the loan, family scandals begin, the disorder in friendly relations and so on.

The guarantor, according to civil law, is one of the parties to the guarantee agreement, which undertakes to respond to the lender of the debtor for the execution of its main obligation, in whole or in part if the debtor cannot continue to serve and repay his duty.

Contract of guarantee

Before agreeing, you need to get acquainted with the conditions of the guarantee that are spelled out in the contract. Usually, if the borrower cannot fulfill its loan obligations, the guarantor is responsible with him. As soon as the borrower delayed the payment or did not do it at all, the bank can also contact the guarantor. In accordance with Art. 363 of the Civil Code of the Russian Federation, the Guarantor will have to pay interest, compensate the legal costs and other creditor losses caused by the failure to fulfill the obligations of the borrower. Moreover, the bank has the right to demand payments both from all debtors at the same time, and separately before full repayment Debt (Article 323 of the Civil Code of the Russian Federation). It also has the right to independently determine the amount of payments. All this usually does not do without trial. And already from the court, the documents go to the bailiffs for execution.

The bank establishes the amount of payments at its discretion, but initially again, should be discussed in the contract. Sometimes there are spelling individual obligations to recover debt from the guarantor, for example, payment of only debt and percent without a penalty or other way. The fact is that the responsibility under the standard contract does not provide for the size of the obligations of both parties. Lenders or bailiffs They will also collect even from the borrings and from the guarantor, until all the debt is repaid. And only after that it will be possible to turn payback, that is, to collect them in favor of the guarantor from the borrower. In accordance with Art. 365 of the Civil Code of the Russian Federation now the guarantor becomes a lender, since it fully fulfilled the obligations for the debtor. Unfortunately, usually at this point of time at the initial borrower there is no money nor the property to settle with the guarantor. And sometimes, it is generally started in the run at the stage of the proceedings with the debt bank.

If the borrower died

In this case, if you are a guarantor, carefully reread the guarantee treaty. Usually, in the event of the death of the borrower, his debts automatically go to heirs. If the documents do not specify whether the guarantee remains in heirs or other third parties, then you can not worry: nothing will have to pay. And if it is indicated, then you need to remember that the heirs and the guarantor will only pay for the value of the property transferred to inheritance. For example, the debt at the borrower is big, and the property cat "has been glad", so the lenders will simply take what is, and then the obligations of the parties terminate under Article 416 of the Russian Federation.

What to do after paying a loan

As mentioned above, after paying the debt, the borrower becomes the guarantor. Perhaps he will voluntarily return all the costs to the guarantor, for this you can send him a letter with an indication of the calculated debt. Unless you can solve the problem, you can go to court. Paper Tools will be a bit: the bank will issue documents according to which the person fully paid the loan. By sending documents to court, it should be noted that there is an intention to return and interest paid debt, money for making moral damage, payment of travel and other other losses of the guarantor. Do not forget that interest is accrued for the entire amount paid for the debtor.

That the guarantor can return through the court from the borrower:

• the amount of paid debt;
• interest for the use of the loan;
• court expenses;
• other payments (fines, penalties, penalties).

Finita la Comedy

With a certain circumstance, the action of a contract of guarantee may be discontinued. First, it is a standard cessation of guarantee, when the specified period in the contract simply expires or a loan is fully paid.

Also, when the contract is concluded without the term of the guarantee, and the lender has no complaints about the guarantor for more than a year. A gross violation is considered when the terms of the contract are changing to unfavorable for the guarantor. Sometimes a duty passes towards another person, and the guarantor may refuse to work with it.

It is clear that the guarantee initially implies that the financial situation of the borrower is unstable. Therefore, if a person still wants to help a relative or a friend, then you need to soberly appreciate my strength so that it is not to be in complex situation. After signing the contract of guarantee, it will be very difficult to go to the opponent, and non-fulfillment of the Bank's claims will affect credit history The guarantor even, if he has never taken a loan himself.

Anfisa Khramova, Expert Editor