Suretyship

Suretyship is an accessory personal security: the surety promises the creditor to satisfy a debtor’s obligation if the debtor fails to do so. Because the surety’s liability depends on the main debt, defences linked to that debt are often relevant. Swiss law treats suretyship cautiously, especially for individuals, with formal requirements and protective limits intended to prevent imprudent commitments. It must be distinguished from an independent guarantee, which is typically not accessory. Characterisation depends on wording, commercial context and the parties’ intention.