Authors: Ai Xinyi  Teacher: Zigong radio and TV university legal science specialized senior lecturer Yu Changke

  Case description: this year, Cao and Liu signed a loan contract, the loan of 50000 yuan. The borrowing, Liu given Zhou use. So the use of the loan back Zhou in the signature of the person. Later, Jo wanted to recover the loan creditor debtor, but Liu has left, to Liu's creditor's rights can not be achieved. So the Cao to use Zhou back to the loan. So Jo Liu, Zhou as a co defendant in court, that the use of the loan shall have the obligation of repayment. The author has issued the following views:

   Zhou have the subject qualification.

   Any legal relationship are subject, object, content. In civil legal relationship, the legal relationship main body both sides must be the subject of rights or obligations. The enjoyment of the rights of a party that creditors, incumbent party called debtor. Zhou is the use of the loan, namely not the debtor, guarantor or not. And Jo does not constitute the relationship of rights and obligations. There is no legal basis and factual evidence to prove that the use of people as the main obligations. Therefore, the author thinks that Zhou does not have the obligation subject qualification, so Zhou no repayment obligations, I think if Zhou as the third party to participate in the litigation may be more appropriate. He has no direct lending relationship with the creditor to the debtor, nor the week a repayment ability should be You Zhou Moulai repayment of view, this argument is no legal basis.

   For example: Zhang to 20000 yuan of bank loans, a will of its to take to the developers. Exceeding the prescribed time bank debt repayment can not be realized, then the bank should ask for loans to developers?

   Another example: Huang Qin the relatives, a day with Qin Huang went to the school, to the school after the discovery of the money is not enough, then met friends Cai Cai, to borrow one thousand yuan as Qin a registration fee. Later, in CAI to Huang after the repayment, Huang said and Qin has not contacts, the loan is used to Qin, Qin demanded to be. Did Cai Mouzhen shall be reported to the Qin Mou for repayment?

   The author thinks, third weeks a no to the creditors Cao liability. Because the relationship between rights and obligations arising from the legal or agreed, in this case Cao and Zhou does not define service and no contractual obligations. Therefore, the relationship between the rights and obligations between them without.   "Contract law"Rule eighteenth: the guarantor and the debtor shall bear joint and several liability for the debts of the guarantee contract, guarantee for the joint and several liability. Joint responsibility to ensure that the debtor in the main contract debt discharge period expired not to fulfill the debt, the creditor may require the debtor to fulfill the debt, also may request the guarantor to assume guarantee liability within the scope of. But if Zhou is the guarantor, it should pay the debt, to perform its obligations under the contract.

     To sum up, in this case the Zhou does not have the main case duty, therefore no obligation of payment of the debt.

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