Die Sorgfaltsanforderungen des Gläubigers gegenüber dem Bürgen

Abstract

A creditor has a duty to a guarantor to take reasonable care and not diminish security. If the guarantor suffers damages due to the creditor’s breach of duty of care, he may claim compensation from him or set off the suffered loss against the payment resulting from a claim of the creditor. Yet the exact scope of these duties is not settled by law: The Supreme court has tried to clarify them on the basis of art. 1364 Austrian Civil Code in a number of cases. The following article examines these duties of care and shows that the Supreme Court has already found certain valuable distinctions.