BGH: No right of revocation for guarantees

Anyone who concludes a guarantee as a consumer does not have a 14-day right of withdrawal in this context. The corresponding consumer protection regulations for distance contracts and contracts concluded away from business premises are not applicable to guarantees. This was determined by the Federal Court of Justice in a recent ruling. The prerequisite for such a right of withdrawal is a consumer contract that includes a service provided by the entrepreneur in return for payment. However, in the opinion of the BGH, guarantees do not fulfill this characteristic. Guarantees are also not a financial service within the meaning of Section 312 para. 5 SENTENCE 1 BGB. Rather, the legislator intentionally did not include guarantees, which is why an analogy is also not possible (BGH, judgment of September 22, 2020, ref.: XI ZR 219/19).

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