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随着我国法制建设的不断加强,在银行系统已有一系列的法规、政策、制度等作为依据。但是,在银行贷款实践中,尚存在着许多问题,而这些问题又非采用法律手段予以解决不可。本文拟就银行贷款中的担保问题提出一些看法。近些年来,银行在贷款担保方面,主要存在着以下几个方面的问题:1.保证人不具备法人资格。主要表现为:其一,在签订借款同时,保证人具有法人资格,但经过若干时间后,保证人因某种原因,如因政策规定应予撤销的公司就丧失了法人资格;其二,在签订借款合同时,保证人就不具备法人资格。这样,一旦借款方不履行或无能力履行义务时,即使诉讼,保证人也不具备诉讼主体资格,更难责令其承担连带责任;
With the constant strengthening of the legal system in our country, there are a series of laws, regulations, policies and systems in the banking system as the basis. However, there are still many problems in the practice of bank loans, which are not solved by legal means. This article intends to put forward some opinions on the guarantee in bank loans. In recent years, the bank in loan guarantees, there are mainly the following aspects: 1. The guarantor does not have legal personality. Mainly as follows: First, while signing the loan, the guarantor has legal personality, but after a certain period of time, the guarantor for some reason, such as the policy should be revoked due to the loss of legal personality of the company; Second, the signing of the loan When the contract, the guarantor does not have the legal personality. In this way, once the borrower fails to perform or is unable to fulfill its obligations, even if the litigation, the guarantor does not have the subject of litigation, more difficult to be ordered to bear joint and several liability;