Bail

What is a solidary charge of guarantor?

If a guarantor takes responsibility on solidary or equipollent terms, he/she may receive a demand even without an attempt of compulsory enforcement, if a key debtor hasn't paid the due within the deadline or if he/she can't obviously afford it.

Are you willing to help your relative receive a loan, stand bail for him/her and conclude a bail agreement according to which you take a solidary responsibility?

• In order to avoid further ambiguities and difficulties, read the agreement terms attentively;

• Don't sign an agreement unless you are provided with full and accurate information regarding the responsibilities you will have to take after signing the document.

Otherwise:

During the court discussions it will be difficult to prove that a guarantor hadn't been conscious of the bail contents as far as the signature on any document (bail agreement in this case) implies that a signatory fully realizes its outcomes.

Remember:

If a debtor doesn't fulfil the responsibilities, a creditor is authorized:

• apply to court and demand an enforcement sheet concerning the compulsory payment provision;

• a guarantor is named as a debtor in the enforcement sheet and he/she has to make a full payment.

Take the following into account:

Over 30-40% of NBE-registered cases concerning alimony are paid by guarantors.

Is a guarantor authorized to demand the paid sum from a key debtor?

If a guarantor makes a full payment after the enforcement of the bail-related case, a creditor's demand towards a debtor will be directed to a guarantor. Thus, a guarantor will be authorized to require the paid debt to be further paid by a key debtor.