New legislation on personal securities from 2026
by Sofie Desmet
On 15 May 2025, the Belgian Parliament approved the law introducing Title 1 of Book 9 of the Civil Code, establishing a renewed framework for personal securities. This new legislation enters into force on 1 January 2026 and provides stronger protection for individuals who guarantee another person’s debt. At the same time, it aligns the practice of personal guarantees more closely with statutory law, while maintaining broad contractual freedom between parties.
What’s new?
The reform introduces several key changes:
The legislator now formally recognises and defines several forms of personal security that previously existed only in case law, doctrine, or business practice, such as the autonomous personal guarantee (independent guarantee) and the comfort letter.
A new legal presumption is introduced: every personal security is presumed to be a suretyship, unless the creditor proves otherwise.
It is now expressly possible to establish a suretyship for all debt claims, provided that the maximum amount of the guarantor’s obligation is clearly stated.
The law clarifies how an open-ended suretyship can be terminated, including the applicable notice period and which debts the guarantor remains liable for after termination.
The legislation also regulates the plurality of guarantors, the subsidiary nature of suretyship, the information duties of creditors, and the right of recourse available to guarantors.
Additional protection for consumers
While most provisions concern suretyship, the reform also introduces specific rules for autonomous guarantees and personal securities granted by consumers. These provisions are aligned with the Belgian Code of Economic Law, ensuring greater clarity, transparency, and legal safety in consumer guarantee contracts.
What does this mean for you?
The new law applies only to personal securities entered into after 1 January 2026. If you already have existing contracts, it is advisable to have them reviewed. By voluntarily applying the new provisions to current guarantees, you may benefit from additional legal protection.
If you are considering entering into a new personal guarantee, keep in mind that every personal security is presumed to be a suretyship, unless stated otherwise. It is therefore crucial to use precise language and definitions when drafting agreements. Ambiguous clauses could lead to a different legal qualification, potentially resulting in far-reaching consequences.
Our experts can assist you with:
Reviewing existing suretyships or guarantees
Drafting new agreements in compliance with the new rules
Providing legal and tax optimisation of your contractual securities
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Sofie Desmet
Manager Legal sofie.desmet@vdl.be
Disclaimer
In our opinions, we rely on current legislation, interpretations and legal doctrine. This does not prevent the administration from disputing them or from changing existing interpretations.
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