
Published online:
01 January 2011
Published in print:
19 August 2010
Online ISBN:
9780191595714
Print ISBN:
9780199594559
Contents
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2 Suretyships and Consumer Protection in the European Union through the Glasses of Law and Economics
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1. The relevance of suretyships in the banking practice 1. The relevance of suretyships in the banking practice
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2. Commercial suretyships and consumer suretyships 2. Commercial suretyships and consumer suretyships
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3. Suretyships and indebtedness of individuals or families 3. Suretyships and indebtedness of individuals or families
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i. Credits only guaranteed by suretyships of non-professionals i. Credits only guaranteed by suretyships of non-professionals
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ii. Guarantors who do not have the financial means to meet the surety obligation ii. Guarantors who do not have the financial means to meet the surety obligation
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4. Unfair suretyships of non-professional guarantors 4. Unfair suretyships of non-professional guarantors
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i. Suretyships of children for their parents’ debts i. Suretyships of children for their parents’ debts
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ii. Suretyship agreements between spouses called in after divorce ii. Suretyship agreements between spouses called in after divorce
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iii. Suretyships of guarantors unaware of the financial risk iii. Suretyships of guarantors unaware of the financial risk
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iv. ‘Emotionally transmitted debt’ iv. ‘Emotionally transmitted debt’
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v. Manifestly disproportionate suretyships v. Manifestly disproportionate suretyships
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5. Instruments of protection 5. Instruments of protection
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i. Consumer protection law i. Consumer protection law
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ii. General law of obligations and contracts ii. General law of obligations and contracts
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iii. Specific provisions concerning suretyship contracts iii. Specific provisions concerning suretyship contracts
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iv. Family law iv. Family law
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v. Consumer insolvency law v. Consumer insolvency law
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I. Introduction I. Introduction
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II. Difficulties with the fresh start and personal securities II. Difficulties with the fresh start and personal securities
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III. The Belgian rules under the Act of 20 July 2005 III. The Belgian rules under the Act of 20 July 2005
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vi. Constitutional law vi. Constitutional law
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6. Impact on the guarantor's position of changes in the debtor–creditor relationship 6. Impact on the guarantor's position of changes in the debtor–creditor relationship
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7. Other, not necessarily legal, instruments of protection from unfair suretyships 7. Other, not necessarily legal, instruments of protection from unfair suretyships
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8. Assessment of the most effective instruments of protection 8. Assessment of the most effective instruments of protection
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9. Assessment of the overall level of protection 9. Assessment of the overall level of protection
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10. Proposals in order to improve the protection of non-professional sureties 10. Proposals in order to improve the protection of non-professional sureties
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Cite
Sagaert, Vincent, 'Belgium', in Aurelia Colombi Ciacchi, and Stephen Weatherill (eds), Regulating Unfair Banking Practices in Europe: The Case of Personal Suretyships (Oxford , 2010; online edn, Oxford Academic, 1 Jan. 2011), https://doi.org/10.1093/acprof:oso/9780199594559.003.0005, accessed 5 May 2025.
Abstract
This chapter discusses suretyship contracts in Belgian banking practice. Topics covered include commercial suretyships and consumer suretyships, suretyships and indebtedness of individuals and families, unfair suretyships of non-professional guarantors, laws for surety protection, impact on the guarantor's position of changes in the debtor-creditor relationship, the most effective means of protection for non-professional sureties, and proposals to improve the protection of non-professional sureties.
Keywords:
Belgian banking, suretyships, debtors, creditors, guarantors, surety protection, consumer protection law, obligations and contracts, family law
Collection:
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