Garanter

Garanter is a term used to describe a person or institution that undertakes to ensure the performance of another party’s obligations. In English usage, the standard term is guarantor, while garanter appears as a direct cognate in several other languages and is used in multilingual contracts. A garanter provides a guarantee that if the primary debtor fails to meet an obligation—such as repaying a loan, paying rent, or performing a contract—the garanter will fulfill it, within the limits of the guarantee.

Liability and scope: The guarantee creates secondary liability for the garanter, who remains liable until the obligation is satisfied or the guarantee is released. The agreement typically specifies the amount, duration, conditions, and remedies. Guarantees can be personal, provided by individuals; or commercial, issued by banks or insurers (bank guarantees; performance guarantees).

Common applications include tenancy arrangements where a guarantor backs a lease; student loans or credit facilities backed by a parent or other party; corporate guarantees supporting subsidiary borrowings; and construction projects requiring bank or performance guarantees.

Legal framework and distinctions: Guarantees are contract-based obligations governed by applicable contract and commercial law. They differ from warranties, which relate to product quality or service performance rather than the debtor’s liability. In many jurisdictions, a guarantor can be released by mutual agreement, by discharge of the principal debt, or by modifications to the underlying contract.