Bürgschaftslagen

Bürgschaftslagen refers to the legal framework governing guarantees (Bürgschaften) in Germany. A Bürgschaft is a contract where a guarantor (Bürge) promises to be liable for the debt of a principal debtor (Hauptschuldner) towards a creditor (Gläubiger). This agreement is typically made in writing to be legally valid.

The primary legal source for Bürgschaftslagen is found within the German Civil Code (Bürgerliches Gesetzbuch - BGB), specifically sections §§ 765 onwards. These provisions outline the rights and obligations of all parties involved. Key aspects include the guarantor's liability, which is usually secondary to the principal debtor's, meaning the creditor must generally attempt to collect from the debtor first before pursuing the guarantor. However, this can be waived by agreement.

Several specific types of Bürgschaften exist, each with distinct regulations. For instance, a consumer guarantee (Verbraucherbürgschaft) by a private individual for the obligations of another, particularly in a commercial context, is subject to stricter consumer protection rules to prevent exploitation. Another example is a self-revolving guarantee (selbstschuldnerische Bürgschaft), where the guarantor waives the right to have the creditor pursue the principal debtor first.

The guarantor's liability is typically limited to the amount of the principal debt, including interest and costs, unless otherwise agreed. The guarantor can also raise defenses available to the principal debtor. Termination of a Bürgschaft can occur under various circumstances, including payment of the debt, expiration of the agreed term, or through specific legal provisions. The overarching principle is to provide a secure framework for creditors while offering protection to guarantors, especially consumers.