Bürgschaftsvereinbarungen

Bürgschaftsverhältnis is the legal relationship created when a person, the Bürge (guarantor), commits to satisfy the obligations of a debtor to a creditor if the debtor fails to perform. It is a contract that adds a layer of security for the creditor beyond the debtor’s own obligation.

The three parties involved are the creditor, the debtor (Hauptschuldner), and the guarantor. The Bürge bears liability for the debtor’s obligation up to the limits of the Bürgschaft. If the debtor defaults, the creditor may demand performance from the Bürge. After the Bürge pays, they acquire a right of recourse or subrogation against the debtor to recover the amount paid, along with interest and costs.

There are different forms of Bürgschaft. In einer selbstschuldnerischen Bürgschaft the creditor may sue the Bürge directly for the debt without first exhausting remedies against the debtor. In einer Bürgschaft auf erstes Anfordern the Bürge must pay on demand, often without a preliminary verification of the claim’s existence, which makes this form particularly onerous for the Bürge.

The liability in a Bürgschaft is usually limited to a specified amount or to the principal obligation stated in the guarantee. The contract ends when the underlying obligation is fulfilled or extinguished, or when the guarantee agreement is terminated or expires according to its terms. In practice, Bürgschaften are commonly used in loans, leases, and commercial contracts to enhance creditworthiness.

In Germany, Bürgschaftsverhältnis is governed by civil law, particularly the provisions on Bürgschaftsverträge in the Bürgerliches Gesetzbuch (BGB), with typical formal and evidentiary considerations aligning to the underlying debt agreement.