Hæftelsesforhold

Hæftelsesforhold is a term used in Danish civil law to describe the legal relationship in which one person or entity bears responsibility for another’s obligations, or where several parties share liability for a debt or obligation. The arrangement can arise from contract, statute, or other binding agreement, and it determines who may be pursued for payment and to what extent.

Two main forms are commonly recognized: primary (direct) hæftelse, where a party is personally liable for the obligation from the outset; and secondary (guarantor) hæftelse, where another party assumes liability if the principal debtor fails to meet the obligation. In many contexts, several parties may be jointly liable for the same obligation, a form often referred to as solidarisk hæftelse.

Creation and content are defined in the relevant contract or statutory framework. A guaranty agreement, a loan with a co-signer, a tenancy where multiple tenants share responsibility, or corporate guarantees can establish a hæftelsesforhold. The scope, including amount, time, and conditions, is typically stated in the document.

Consequences: creditors may pursue the liable party for the full amount up to the agreed terms; if one party pays, they may have a claim for contribution against others according to the agreed shares. Hæftelsesforhold can be limited by contract or law, and may be affected by defenses such as invalidity, expiration, or prescription.

Understanding hæftelsesforhold is essential in credit agreements, leases, and other transactions where multiple parties bear financial responsibility, as it clarifies who can be held liable and under what conditions.