Title 14
in forceSuretyship
Section 1
General provisions
Suretyship (borgtocht) is the contract whereby one party, the surety (borg), binds himself towards the other party, the creditor (schuldeiser), to…
Suretyship is dependent on the obligation of the principal debtor for which it was entered into.
Defences which the principal debtor has against the creditor may also be invoked by the surety, provided that they concern the existence, the content…
By completion of the limitation period of the right of action for performance of the obligation of the principal debtor, the suretyship is…
If the obligation of the principal debtor extends to something other than the payment of a sum of money, the suretyship shall apply to the claim for…
The surety is not bound to perform before the principal debtor has failed in the performance of his obligation.
The surety is only liable for statutory interest over the period that he himself is in default, unless the principal debtor is in default pursuant to…
Section 2
Surety granted outside the course of a profession or business
The provisions of this section apply to suretyships entered into by a natural person who acted neither in the exercise of his profession or business…
If the amount of the principal debtor's obligation is not fixed at the time the suretyship is entered into, the suretyship shall be valid only…
As against the surety, the suretyship may only be proven by an instrument signed by him.
The surety is not bound insofar as more onerous conditions would apply to his obligation than those under which the principal debtor is bound, except…
A suretyship entered into for future obligations may:
No derogation to the detriment of the surety is permitted:
The provisions of this section shall apply mutatis mutandis to agreements whereby a person as referred to in Article 857 commits himself to a certain…
If, by order and for the account of a person as referred to in Article 857, a suretyship or an agreement as referred to in Article 863 is entered…
Section 3
The effects of the suretyship between the principal debtor and the surety and between sureties and non-debtors liable for the obligation among themselves
Article 2 of Book 6 applies mutatis mutandis to the legal relationships between the principal debtor and the surety and to those between sureties and…
The surety has a claim against the principal debtor pursuant to Article 10 of Book 6 for the entire amount that he has had to satisfy to the creditor…
If the surety has performed the obligation without notifying the principal debtor thereof and the latter has subsequently paid the creditor on his…
A joint and several debtor (hoofdschuldenaar) who is held liable pursuant to Article 10 of Book 6 may also invoke against the surety the defences…
The surety at whose expense the debt has been satisfied may, with the corresponding application of Article 152 of Book 6, apportion the part which…
The sub-surety (achterborg) who has performed the obligation of the surety may, for his own benefit, exercise the right of recourse that the surety…