§ 2-8. Guarantors and co-debtors can raise objections

The Financial Contracts Act (Finansavtaleloven)·LOV-2020-12-18-146

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The text of the law (unofficial translation)

§ 2-8. Objections from the guarantor and co-debtor

A term in a personal guarantee (kausjon) agreement with a consumer (forbruker) stating that the consumer shall be barred from raising objections or counterclaims on the basis of the credit agreement (kredittavtale) is invalid unless otherwise provided by law. The same applies to corresponding terms in a credit agreement with a co-debtor (samskyldner) who is a consumer.
Source: Lovdata — Finansavtaleloven (the Financial Contracts Act) § 2-8

What does this mean?

The section protects consumers who step in for others as a guarantor (kausjonist) (a guarantor for someone else's debt) or who are a co-debtor. Contract terms that take away their right to raise objections or counterclaims arising from the credit agreement are invalid, unless another law says otherwise.

The rule is connected to § 2-7, under which the consumer can raise objections arising from the purchase against the lender (kredittyter), and to § 2-11, which gives the debtor (skyldner) and the guarantor confirmation when the claim has been paid or has lapsed. It is in Chapter 2 on payment settlement.

Related sections
All sections of the Financial Contracts Act →