Kezességvállalás

Kezességvállalás, often translated as suretyship or guarantee, is a legal concept primarily found in civil law jurisdictions. It refers to a contract where a third party, known as the guarantor or surety, agrees to be responsible for the debt or obligation of another party, the principal debtor, if the principal debtor fails to fulfill their commitment. This agreement is typically made in favor of a creditor.

The core of kezességvállalás lies in the guarantor's promise to step in and satisfy the creditor's claim if the principal debtor defaults. This provides the creditor with an additional layer of security, increasing the likelihood of repayment. The guarantor's liability is secondary; they are only obligated to pay if the primary debtor cannot. The specific terms and conditions of the guarantee, including its scope and duration, are usually detailed in a written contract.

There are different types of kezességvállalás, which may vary by jurisdiction. Some guarantees might be for a specific amount, while others could cover the entire debt. The guarantor may also have recourse against the principal debtor after satisfying the creditor's claim, a concept known as subrogation. Understanding the legal implications and potential liabilities associated with entering into such an agreement is crucial for all parties involved.