Personal Suretyship Rules in Leiden

In Leiden, personal suretyship differs from a surety sum due to joint and several liability (art. 7:850 BW). For loans from local banks such as ING or Rabobank in the city centre of Leiden, the suretyship must be recorded in writing, with explicit mention of the maximum amount and the duration. For mortgages on homes in popular neighbourhoods such as the Professorenwijk or around the Zijlsingel, banks often require joint and several co-suretyship from partners. Spouses must both sign (art. 1:88 BW), which is standardly checked by Leiden notaries on the Breestraat. Limitations apply: no suretyship for consumer purchase without advice right, relevant for starters on the Leiden housing market. Discharge from suretyship is possible upon performance of the principal debt, whereby the Court of Appeal of The Hague – competent for Leiden – tests reasonableness. In practice around Leiden University, law firms such as those on the Nieuwe Rijn always advise a suretyship agreement with unilateral recourse and notification obligation. In the event of bankruptcy of a principal debtor, for example a local company in the Leiden Bio Science Park, the right of recourse applies strictly.