Personal Suretyship Rules in Tilburg

In Tilburg, personal suretyship differs from a surety sum due to joint and several liability (art. 7:850 BW). Local notaries and banks in the Textile City require that the suretyship be recorded in writing, with explicit mention of the maximum amount and duration, especially for mortgages on homes in neighbourhoods such as Het Zand or the Spoorzone. Banks such as Rabobank Tilburg or ING in the city centre often require joint suretyship, whereby spouses must both sign (art. 1:88 BW). Limitations apply: no suretyship for consumer purchase without right to advice, which is relevant for purchases via Tilburg real estate agents. Discharge from the suretyship is possible upon performance of the principal debt, whereby the Court of Appeal 's-Hertogenbosch tests reasonableness in regional cases. Practice examples from Tilburg show: always draw up a suretyship agreement with unilateral right of recourse and notification obligation, especially for local retailers. In the event of bankruptcy of a principal debtor, as recently seen with Tilburg shopkeepers, the right of recourse applies via the cantonal court in the city.