What is a guarantor?

In life in Japan, a "guarantor" may be required in some situations.

What exactly is a guarantor?



Ⅰ About legal liability of guarantor


As a general rule, A guarantor has the responsibility to perform the obligation of the principal obligor when the latter fails to perform that obligation.



Ⅱ About the establishment of a guarantee contract


No guarantee contract becomes effective unless it is made in writing.

At the time of contract, a document etc. is prepared, and the guarantee contract will not be established unless the document is signed .



Ⅲ Person who can be a guarantor


If you are obliged to establish a guarantor, If an obligor has the obligation to provide a guarantor, that guarantor must be a person with capacity to act; and must have sufficient financial resources to pay the obligation.

In principle, minors cannot be guarantors .

However, if minors conclude a contract, the guarantee contract will be valid and they will be liable.

In this case, the warranty contract will be canceled from the standpoint of a minors.



Ⅳ About Joint and Several Guarantee


A Joint and Several Guarantee means that the guarantor bears the debt in solidarity with the main debtor, and even if the main debtor has the financial resources to pay the obligation and that the execution can be easily performed, the creditor can request payment. You have to comply with.

For example, in the Joint and Several Guarantee of a rental contract, if the person who rented the room does not pay the rent, even if the person is in the room and has enough money, the solidarity guarantor must respond to the landlord's request for payment. 



Ⅴ About contract for Ne-hosyou-keiyaku


A Ne-hosyou-keiyaku is a guarantee contract whose main debt is unspecified debt belonging to a certain range.

For example, the Joint and Several Guarantee of a rental contract contract. The rental is obliged to pay the rent every month, but instead of signing a guarantee contract every month,one guarantee contract guarantees all debts.

The contract for revolving guarantee will not take effect unless the maximum amount to bear the responsibility is set.

In other words, it is necessary to determine a specific "amount" such as "responsible for up to 500,000 yen" and state it in writing.

Without it, it will be invalid and the guarantor will not be liable.



VI Specific example


① Guarantee of identity at the time of immigration and residence examination


② Guarantee of identity when entering school


③ Joint and Several Guarantee of a rental contract


④ Guarantee of identity at the time of employment