M. took a bank loan to buy a car. His guarantors were his wife and brother.
A few months after buying a car, M. died. The bank demanded the payment of a loan from his brother as a guarantor, but he refused to pay. He explained his refusal as follows. The guarantee agreement was signed, as the bank demanded two guarantors, and the brother and his wife insisted that this was just a formality, and promised to repay the loan themselves under any circumstances. In addition, his brother’s wife is the same guarantor as he, she inherits a car purchased on credit and, from his point of view, she must repay her husband’s obligation to the bank.
Should brother M. pay the loan? Justify the answer.
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