Belgium implements mandatory protection for consumer sureties under new Civil Code Book 9

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, 8:33 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 of the new Belgian Civil Code marks a fundamental shift in the regulation of personal securities. This reform moves away from the fragmented "gratuitous suretyship" model toward a more coherent framework based on the legal status of the consumer. Under the new law, a consumer is defined as a private individual acting outside of any professional or commercial activity. This designation is critical for common scenarios where family members or partners provide guarantees for loans, such as car financing or personal credit facilities, ensuring they receive standardized legal safeguards.

Mandatory reclassification and restriction of security types

A significant innovation of the 2026 reform is the restriction on the types of security a consumer can provide. As of January, consumers are legally prohibited from granting any personal security other than a standard suretyship. If a creditor attempts to utilize a more complex or independent security structure, such as a first-demand guarantee or an autonomous letter of comfort, the law will automatically requalify the agreement as a suretyship. This ensures that the consumer always benefits from the specific accessory protections where the guarantor's liability cannot exceed the debt of the principal debtor.

Compulsory maximum amounts and financial limits

To prevent the danger of open-ended or "blank" guarantees, every consumer suretyship must now specify a clearly defined maximum amount. This figure acts as an absolute financial ceiling for the surety's risk. Additionally, the reform introduces a secondary cap on ancillary costs: the combined total of interest, penalty clauses, and legal fees cannot exceed 50 percent of the agreed maximum principal amount. This dual-capping mechanism is designed to keep the consumer's total financial exposure predictable and manageable, even in cases of prolonged default by the primary borrower.