Borgensåtagande

Borgensåtagande is a legal instrument in which a third party, the guarantor (borgensgivare), undertakes to fulfill the debtor’s obligation to a creditor if the debtor fails to do so. It is a form of personal guarantee that provides the creditor with security beyond the debtor’s own performance. Borgensåtaganden are commonly used in loans, leases, and other financial obligations, as well as in certain business or contractual arrangements.

A borgensåtagande creates a contractual relationship involving three parties: the creditor, the debtor, and the guarantor. The terms specify the scope of the guarantee, including how much is guaranteed, the duration, and any limits on liability. The guarantee may be limited to a specific amount or duration or may be a continuing guarantee covering present and future obligations. When multiple guarantors are involved, their liability can be joint and several.

The effect of a borgensåtagande is that, upon debtor default, the creditor may demand payment or performance from the guarantor. If the guarantor pays the creditor, the guarantor typically acquires a right of recourse against the debtor (subrogation) to recover the amount paid. The guarantor’s obligation ends when the guaranteed obligation is discharged or released, unless the agreement provides otherwise. Guarantees can be structured with various practical safeguards, such as limits, conditions, or release clauses, and may interact with other forms of security like collateral.

Overall, borgensåtagande serves as a risk management tool for creditors and a potential financial obligation for guarantors, requiring careful consideration of scope, duration, and enforcement mechanisms before execution.