New Rules on Personal guarantees (deposit, guarantee, letter of comfort, etc.)

On 11 July 2025, the law adopted on 15 May 2025 containing Title I "Personal Securities" of Book 9 of the Civil Code was published in the Belgian Official Gazette.

Under this new legal framework, the distinction remains important between, on the one hand, contracts in which consumers act as guarantors (to which mandatory legal provisions apply), and on the other hand, personal guarantees  concluded between businesses (where the parties have more contractual freedom).

The law provides that the parties may already agree to apply these new rules as of now.

The new rules will automatically apply to all personal guarantees concluded from 1 January 2026.

If you would like more information on this subject, you may contact Attorney Jonas Deryckere (J.Deryckere@athenalaw.be ) or Attorney Jennifer Dessort (J.Dessort@athenalaw.be).