经济合同法第十五条规定:“经济合同当事人一方要求保证的,可由保证单位担保。保证单位是保证当事人一方履行合同的关系人。被保证的当事人不履行合同的时候,由保证单位连带承担赔偿损失的责任。”可见,保证合同是经济合同当事人以外的第三人向经济合同的债权人担保债务人履行合同义务的协议。它的成立是以保证人明确承担保证责任的意思表示为必要条件的。但在经济活动中,由于一些人不了 Article 15 of the Economic Contract Law stipulates that “Where one party to an economic contract requires assurance, it may be guarantied by the guarantor unit which is the party who guarantees the fulfillment of the contract by one of the parties, and the guarantor party shall jointly and severally bear the compensation when it fails to perform the contract Loss of responsibility. ”It can be seen that a guarantee contract is a third party other than an economic contract that guarantees the debtor's contractual obligations to the economic contract creditors. Its establishment is expressed as a necessary condition for the guarantor's explicit assumption of the guarantee responsibility. But in economic activities, because some people can not