New Belgian Civil Code Book 9 introduces mandatory caps and enhanced protection for consumer sureties

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, 8:32 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 Civil Code marks a turning point for personal securities in Belgium. This reform transitions away from the fragmented and highly formalistic "gratuitous suretyship" system toward a more coherent framework based on the status of the individual. Under these rules, a consumer is defined as any individual acting for private purposes outside of their professional or commercial activities. This legal shift aims to provide greater security in common scenarios, such as parents guaranteeing a child's vehicle loan or individuals securing credit for a partner.

Mandatory reclassification and restriction of security types

A major pillar of the 2026 reform is the restriction on the types of personal security a consumer may provide. From the beginning of the year, consumers will legally only be permitted to enter into a suretyship agreement. If a creditor attempts to utilize more complex or independent structures, such as autonomous guarantees, these will be automatically requalified as a suretyship by law. This ensures that the consumer consistently benefits from the specific accessory protections inherent to suretyship, where the guarantor's obligation cannot exceed what is owed by the principal debtor.

Compulsory maximum amounts and financial limits

To eliminate the risk of open-ended or "blank" guarantees, every consumer suretyship must now specify a clearly determined maximum amount. This figure serves as the absolute ceiling for the guarantor's financial exposure. Furthermore, the law introduces a secondary cap on ancillary costs: the total of interest, penalty clauses, and legal fees cannot exceed half of the agreed maximum principal amount. This dual-capping mechanism ensures that the total debt remains predictable and prevents the sudden escalation of liabilities that often occurs during default.