New rules on personal securities in the Belgian Civil Code

On 15 May 2025, Parliament approved the bill introducing Book 9, Title 1: a full legal framework for personal securities.


What does that mean exactly?

Personal securities are commitments in which a third party guarantees someone else’s obligations – for example, through a suretyship or independent guarantee. They play a crucial role in many contractual arrangements, such as loans, lease agreements, or group financing.


What’s changing?

• Clear legal definitions and separation of the two main types:
  • Suretyship: dependent on the principal obligation
  • Independent guarantee: legally separate from that obligation
• Expanded rights for guarantors:
  • Duty of disclosure for creditors
  • Easier recourse against the debtor
  • More legal certainty around future or unlimited commitments
• Additional consumer protection:
  • Only suretyships are allowed – no independent guarantees
  • Proportionality is required: the commitment must match their financial capacity
  • Mandatory pre-contractual information and clear written terms

 

Why does this matter to you?

• As a business, you may need to reassess your guarantee structures – think group guarantees or comfort letters.
• As a private individual, you gain better protection when acting as a guarantor – for example, in standard terms and conditions.

 

What’s next?

The new rules will take effect 6 months after publication in the Belgian Official Gazette.
Make sure your current and future suretyship agreements are reviewed by your legal advisor.

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