Bürgschaften für nahestehende Personen

Legal systems deal with the question of the type of protection for guarantors in different ways. This study analyzes the methods with which guarantors are protected in Germany, England and Scotland. Whereas in Germany guarantee contracts have been examined for their fairness since a decision made by the Federal Constitutional Court, the courts in England and Scotland favor an information model. Since the regulatory framework in Germany has changed, the study proposes the establishment of pre-contractual information obligations, drawing on the good faith principle.