The creditor is at fault means that according to the law, the guarantor is not qualified for guarantee (for example, state agencies are not allowed to serve as guarantors), and specific properties are not allowed to be used as collateral, such as the property used by public welfare institutions for public welfare ( For example, the school's teaching facilities and equipment, hospital outpatient buildings, inpatient buildings and medical equipment) cannot be mortgaged, but the creditor still accepts its guarantee, or accepts property that cannot be mortgaged according to law as collateral, the guarantee or mortgage is invalid according to law, and the creditor himself is not responsible for the mortgage. This is also wrong.
"Guarantee Law"
Article 8
State agencies may not serve as guarantors, but must be approved by the State Council for on-lending using loans from foreign governments or international economic organizations. Except.
Article 9
Schools, kindergartens, hospitals and other public institutions and social groups for public welfare shall not be guarantors.
Article 10 Branches and functional departments of enterprise legal persons shall not be guarantors.
If a branch of an enterprise legal person has written authorization from the legal person, it can provide guarantees within the scope of authorization.
Article 29
If a branch of an enterprise legal person enters into a guarantee contract with a creditor without the written authorization of the legal person or exceeds the scope of authorization, the contract shall be invalid or the part beyond the scope of authorization shall be invalid. , if the creditor and the corporate legal person are at fault, they shall each bear corresponding civil liability according to their faults; if the creditor is not at fault, the corporate legal person shall bear civil liability.
Article 37 The following properties shall not be mortgaged:
(1) Land ownership:
(2) Cultivated land, homesteads, private land, private hills, etc. Collectively owned land use rights, except those stipulated in Article 34 (5) and Article 36 (3) of this Law;
(3) Schools, kindergartens, hospitals, etc. Educational facilities, medical and health facilities and other social welfare facilities of public institutions and social groups for public welfare purposes;
(4) Properties whose ownership and use rights are unknown or in dispute;
(5) Properties that have been sealed up, detained, and supervised in accordance with the law;
(6) Other properties that cannot be mortgaged in accordance with the law.