Bürge

Bürge is a German term that describes a person who agrees to answer for another's obligations, acting as a guarantor or surety. The obligation arises through a Bürgschaft (guarantee), a contract in which the guarantor commits to compensate the creditor if the debtor fails to perform.

There are different forms of Bürgschaft. In a simple Bürgschaft, the creditor must first pursue the debtor; only if the debtor cannot or will not pay may the creditor claim against the Bürge. In a self‑schuldnerische Bürgschaft, the guarantor is primarily liable and may be pursued directly by the creditor as if the guarantor themselves were the debtor. Some agreements also specify caps on liability or other limits.

Bürgschaften are commonly used in loans, leases, and business arrangements where a lender or landlord requires additional security. In many jurisdictions, the Bürgschaft must be in writing to be enforceable, and the exact rules vary by country, including the German-speaking systems in Germany, Austria, and Switzerland.

Rights and obligations: If the debtor defaults, the Bürge is obligated to satisfy the creditor up to the terms of the Bürgschaft. After payment, the Bürge acquires subrogation rights to seek reimbursement from the debtor. The guarantor's liability ends when the creditor's claim is satisfied or the guarantee expires, and the existence of a Bürgschaft does not automatically alter the underlying contract between debtor and creditor.

Bürge can also be a surname in German-speaking areas.