Dutch Legislation

Title 14

in force

Suretyship

Civil Code — Book 7 (specific contracts) (Burgerlijk Wetboek Boek 7 (bijzondere overeenkomsten)) · Articles: 21

Section 1

General provisions

7:850 Article 7:850

Suretyship (borgtocht) is the contract whereby one party, the surety (borg), binds himself towards the other party, the creditor (schuldeiser), to…

7:851 Article 7:851

Suretyship is dependent on the obligation of the principal debtor for which it was entered into.

7:852 Article 7:852

Defences which the principal debtor has against the creditor may also be invoked by the surety, provided that they concern the existence, the content…

7:853 Article 7:853

By completion of the limitation period of the right of action for performance of the obligation of the principal debtor, the suretyship is…

7:854 Article 7:854

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…

7:855 Article 7:855

The surety is not bound to perform before the principal debtor has failed in the performance of his obligation.

7:856 Article 7:856

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

7:857 Article 7:857

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…

7:858 Article 7:858

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…

7:859 Article 7:859

As against the surety, the suretyship may only be proven by an instrument signed by him.

7:860 Article 7:860

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…

7:861 Article 7:861

A suretyship entered into for future obligations may:

7:862 Article 7:862

No derogation to the detriment of the surety is permitted:

7:863 Article 7:863

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…

7:864 Article 7:864

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

7:865 Article 7:865

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…

7:866 Article 7:866

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…

7:867 Article 7:867

If the surety has performed the obligation without notifying the principal debtor thereof and the latter has subsequently paid the creditor on his…

7:868 Article 7:868

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…

7:869 Article 7:869

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…

7:870 Article 7:870

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…