takaussopimuksella

A takaussopimus, or guarantee agreement, is a contract where one party, the guarantor (takaaja), agrees to be responsible for the debt or obligation of another party, the principal debtor (päävelallinen), to a creditor (velkoja). This means if the principal debtor fails to meet their obligations, the guarantor is legally bound to fulfill them.

Takaussopimukset are commonly used in financial transactions, such as loans, mortgages, and rental agreements, to provide the creditor with additional security. The guarantor's liability is typically defined within the agreement and can vary in scope. It might cover the entire debt, a specific portion of it, or be limited to a certain amount.

There are different types of guarantees. A general guarantee (yleistakaus) makes the guarantor liable only after the creditor has exhausted all reasonable efforts to collect the debt from the principal debtor. A specific guarantee (määrättakaus), on the other hand, defines the exact obligation the guarantor is responsible for. Sub-guarantee (sijaintakaus) is also a possibility where a guarantor takes responsibility if another guarantor fails.

For a takaussopimus to be legally binding, it usually requires a written form and the signature of the guarantor. The guarantor must fully understand the terms and conditions of the agreement, including the extent of their potential liability. It is advisable for potential guarantors to seek legal advice before entering into such an agreement to be aware of the risks involved. The guarantor has the right of recourse against the principal debtor for any payments made on their behalf.