The Belgian Civil Code is undergoing a major reform. As of 1 January 2026, the new Book 9, Title I on personal security rights (persoonlijke zekerheidsrechten/sûretés personnelles) will enter into force. These provisions modernize the outdated rules on suretyship (borgtocht/cautionnement) and provide a legal framework for other forms of personal security such as guarantees (garantie/garantie).

Key points of reform

1. Broader scope
Until now, the Civil Code only regulated suretyship (borgtocht/cautionnement). The reform introduces a comprehensive regime covering both dependent securities (e.g. suretyship) and independent securities (e.g. guarantees).

2. Supplementary law
The new regime is of a supplementary nature, which means that parties retain contractual freedom. An important exception applies where consumers act as sureties: in those cases, the provisions are mandatory.

3. Entry into force and transitional rules
The new rules apply to all personal securities granted after 1 January 2026. Security rights granted before this date remain governed by the old legislation, unless the parties expressly agree otherwise.

Structure of the new Title I

The reform introduces five chapters:

• General provisions (applicable to all personal securities);
• Classic suretyship, including detailed rules on scope, exceptions, duration, information duties, and recourse;
• Autonomous guarantees, providing a statutory framework for independent guarantees;
• Consumer security rights, mandatory protective rules, replacing the 2007 regime on free suretyship (kosteloze borgstelling/cautionnement à titre gratuit);
• Statutory (wettelijke borgtocht/caution légale) and judicial suretyship (gerechtelijke borgtocht/caution judiciaire), which remained largely unchanged.

Specific highlights

The new rules on personal security rights introduce a series of important safeguards. Firstly, any ambiguity in the wording of a security agreement must be interpreted in favour of the surety, ensuring that obligations are not extended beyond what was clearly intended. It is also expressly recognised that future obligations may be secured, but only if they are determinable and subject to a maximum amount, thereby preventing open-ended liability. In the case of suretyships of indefinite duration, the law requires a minimum notice period of forty-five (45) days for termination, allowing for a clear and fair exit mechanism.

Special attention is given to consumer protection. A consumer may act as surety only by way of a classic suretyship; other forms of personal security (such as guarantees) are not permitted. Moreover, a suretyship that is manifestly disproportionate to the consumer’s financial means will not be valid. Creditors are also bound by strict information duties, both before the suretyship is entered into and throughout its duration. Finally, the new legislation provides that any contractual deviation to the detriment of the consumer-surety is null and void, ensuring that protective rules cannot be undermined by mutual agreement.

Taking action

The new framework will have important implications for both creditors and sureties. Financial institutions, businesses, and private individuals relying on personal security arrangements should:

• Review their current practices;
• Adjust template agreements in order to be compliant with the new legislation;
• Pay particular attention to consumer-related security rights.

We will be happy to assist you in assessing the impact of the new legislation on your contracts and security arrangements.