Liability is a unilateral written legal act of the guarantor, which must comply with legal formalities in terms of both formal and content.
Only an existing debt may be taken, but this does not mean that it is not possible to assume liability for debt that arises in the future or for debt that is dependent upon the fulfilment of a particular condition. If the guarantor has assumed the liability or has entered into an agreement on the day on which the credit agreement was incurred, therefore, on the date of the conclusion of the credit agreement, there is no guarantee of future debt, but the liability of the existing
The fact that someone accedes to debt as a guarantor does not relieve the main borrower of his debt. The liability only comes into consideration if the main debtor fails to meet his debt within a reasonable time after the creditor has called in writing to fulfil his debt. The subsidiarity of the liability is that the guarantor is not a debtor in addition to the original debtor but is secondary to the debtor. However, the guarantor may refuse to reimburse the debt if the creditor (e.g. The bank) was guilty that the pecuniary claim for repayment cannot be met by the debtor.
In order to claim the creditor's right to fulfil the obligation from the guarantor, it is only decisive that the debt has not been fulfilled by the debtor at a reasonable time after the creditor has requested it in writing and is wholly irrelevant whether the creditor has exercised all the possibilities to achieve the satisfaction of his Claims from the debtor.
If the creditor's claim in addition to liability is assured by another security institute, such as a lien, it is only up to the lender, whose title decides to exercise his right. In other words, it is not obliged to achieve the satisfaction of the claim first from another security and only in the event of failure, through the guarantee