Defence of the guarantor against the creditor
In Bedrijfsjuridische berichten (Bb), 2019, no. 59, Gert Jan Boeve wrote the article "Defence of the guarantor against the creditor".
The recent judgement of the Supreme Court gives reason to address defences of the guarantor against a claim from the creditor to fulfil the payment obligation under the contract of suretyship. Dissolution of the contract of suretyship is not a natural option, unless agreed otherwise.
In this article, Gert Jan offers a guide for this. You can download the full article below. Please note the article is only available in Dutch. You can of course contact the author of the article for more information. All of our attorneys-at-law speak fluent English and will be happy to help.