Banking Law in Dortmund

In many loan discussions in Dortmund, the question of additional security quickly arises. Banks are often not satisfied with holding only the borrower liable: instead, a guarantee (Bürgschaft) is required, so that another person is to stand in for repayment. It becomes particularly delicate with an unconditional guarantee (selbstschuldnerische Bürgschaft). In that case, the bank can address claims directly to the guarantor and demand payment without first having to prove that the borrower has already defaulted. For the guarantor, this can have significant financial consequences.

However, not every signature is automatically beyond challenge. Under certain circumstances, a guarantee can be classified as contrary to public policy and thereby lose its effect. This can be considered, for example, where someone was pressured into the commitment through massive psychological pressure, or where essential information was not disclosed transparently beforehand. Such situations repeatedly arise particularly within families or close relationships, when one party is disproportionately burdened, raising doubts about the viability of the agreement.

Our lawyers in Dortmund examine your case step by step and assess the key components of your guarantee arrangement. If the review shows that individual provisions are invalid or that the contract as a whole appears open to challenge, we support you in asserting your claims against banks. The same applies where, instead of a guarantee, other forms of security are affected, such as land charges or mortgages. In this way, our lawyers in Dortmund help limit financial disadvantages and reject unfounded claims.