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Can the guarantor sue the borrower for fraud

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Can the guarantor sue the borrower for fraud


        

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  • 2024-06-05 07:00:56

    Whether the guarantor can sue the borrower for fraud depends on whether there is evidence that the borrower is a fraud. This depends on whether the debtor's behavior is recognized as fraud. If it constitutes a crime of fraud, the guarantor shall not be liable, otherwise, the guarantor shall be liable. If the guarantor needs to sue the borrower, it should sue to the court where the borrower is located. In the litigation, the guarantor should provide evidence of guarantee for the borrower and evidence that the guarantor has fulfilled the guarantee responsibility.

    [Legal Basis]

    Article 266 of the Criminal Law of the People's Republic of China states that anyone who swindles public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or sentenced to confiscation of property. Where this Law provides otherwise, such provisions shall prevail.

    The official document shall be stamped without the text and the date. If it is not on the date, there is generally no major problem, as long as the official seal itself and the documents are OK.
    The signing and sealing of a contract only needs to be the true intention of the parties, and the contract is usually effective if it does not violate laws and regulations.

    Lu***

    2024-06-05 07:00:56

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