Introduction of Book 9 on Personal Securities – important matter for entrepreneurs

Gepubliceerd op 19/11/2025

On 1 January 2026, ‘Title 1’ of the new Book 9 of the Belgian Civil Code relating to personal securities, will come into force.

This section represents a modernisation of existing security law in Belgium.

Security law is and remains an important matter for entrepreneurs. When starting a business (and certainly in the case of a company), the lender (usually the bank) will ask for personal security to be provided.

With the introduction of this new title, a number of legal concepts that are frequently used in practice are now enshrined in law.

Among other things, the legislator has explicitly included the letter of patronage (‘patronaatsverklaring’) and joint and several liability (‘hoofdelijkheid’) as security in the Civil Code.

The introduction of this new section is part of the general trend towards integrating certain legal concepts that have developed through legal practice.

It is important to note that these provisions – insofar as they concern businesses and not consumers – are supplementary law. This means that parties to a so-called security agreement may deviate from the statutory provisions of the Civil Code.

Personal security can be divided into two different parts, namely accessory personal security on the one hand and autonomous personal security on the other.

Accessory personal security is the classic personal guarantee, which is therefore accessory (subordinate) to the principal obligation. In other words, the validity of this security depends on the terms and conditions, the continued existence and the scope of the principal obligation.

This dependence means that the guarantor can invoke all exceptions arising from the principal obligation against the creditor.

Autonomous personal security, on the other hand, is not dependent on the principal obligation and is separate from it. Examples of this are the classic bank guarantee or so-called ‘letters of credit’.

It is noteworthy that the autonomous guarantor also has a right of recourse against the debtor (which was not always recognised in the past).

If you wish to sign a security agreement yourself (as a guarantor or creditor), it is certainly useful to review the agreement in light of the new law.

If you have any questions about drawing up security agreements or you need guidance in reviewing an existing agreement, please do not hesitate to contact us.