Belgian Civil Code reform introduces mandatory protections for consumer suretyship starting January 2026

New Belgian Civil Code Book 9 rules for consumer suretyship starting January 2026 include mandatory liability caps and stricter creditor information duties.

By: AXL Media

Published: Mar 3, 2026, 8:30 AM EST

Source: The information in this article was sourced from Lexology

Modernization of personal securities under Book 9

The entry into force of Book 9, Title 1 of the new Belgian Civil Code marks a significant shift in how personal securities are regulated. This reform moves away from the fragmented and formalistic "gratuitous suretyship" system toward a more coherent framework centered on the status of the consumer. Under the new rules, the definition of a consumer is pivotal, applying to individuals who provide security for private purposes outside of any professional or commercial activity. This legal update aims to provide clarity in common familial and personal scenarios, such as parents guaranteeing a child's loan or partners securing a shared credit line.

Mandatory reclassification and restriction of security types

A cornerstone of the 2026 reform is the restriction on the types of personal security a consumer can provide. From January 1, consumers will legally only be permitted to enter into a suretyship agreement. If a creditor attempts to impose more complex or independent security structures, such as autonomous guarantees or letters of comfort, these will be automatically requalified as a suretyship by law. This ensures that the consumer always benefits from the specific accessory protections inherent to suretyship, where the guarantor's obligation is strictly tied to the validity and extent of the principal debtor's debt.

Compulsory maximum amounts and financial limits

To prevent the risk of open-ended financial liability, every consumer suretyship must now specify a clear maximum amount. Blanket or unlimited guarantees are strictly prohibited under the new Title 1. This maximum amount serves as an absolute financial ceiling for the consumer. Furthermore, the law introduces a secondary cap on ancillary costs: the combined total of interests, penalty clauses, and legal costs cannot exceed half of the agreed maximum principal amount. This dual-capping mechanism is designed to ensure that the total financial exposure remains predictable and manageable for the individual.