Of a spouse endorsement one speaks, if a marriage partner guarantees itself for the debts of the other one. This is far away usual in bank practice, is however immoral under certain basic conditions.

Purpose of the spouse endorsement

Purpose of the spouse endorsement is to make fortune shifts between the married people debited to the creditor. Only if one is the marriage partner applicant for the credit, then no possibility of the creditor exists of seizing the fortune articles of the other one without the spouse endorsement. Therefore the financing bank required a directly liable endorsement in the past - independent of the income and financial circumstances of the other marriage partner -.

In accordance with the iurisdiction of the BGH an economically senseless endorsement (because the defiency guarantee does not have a fortune) is effective only if the endorsement mentions the safeguard purpose (prevention of fortune shifts between the spouse) expressly.

Sittenwidrigkeit of the spouse endorsement

The spouse endorsement is immoral after recent iurisdiction of the BGH under certain conditions ("§138 I BGB). This is the case if

• the defiency guarantee with assumption of its obligation is financially glaringly overtaxed and
• the defiency guarantee this obligation alone from emotional solidarity with the principal debtor took over and
• the credit giver this used in morally way

Such an glaring economic excessive demand is present, if the concerning is not presumably even able to carry the fixed interest charge from the seizable part of its income or fortune with entrance of the safeguard case durably.

Judgements of the BGH

• BGH judgement of 14.05.2002, XI ZR 50/01
• BGH judgement of 14.05.2002, XI ZR 81/01
• BGH judgement of 15.08.2002, IX ZR 217/99

Articles in category "Spouse endorsement"

We found here 10 articles.

Related Websites

We found here 5 related websites.

• Alberta Finance - Insurance - Family Protection Endorsement
  independent witness evidence, other than evidence of a spouse as defined in this endorsement or a dependent relative as defined in this endorsement; or ...


• Graduate Students Social Visit Pass; NUS: Registrar's Office
  The scholar's NUS registration card must be produced to collect the endorsement letter. The scholar's spouse is required to complete the formalities in ...


• Hillary and Bill: A Relationship Too Political to Be Ignored - New ...
  ... to political events on his own, instead of introducing her, standing by her side, or sitting raptly at her important speeches like an admiring spouse. ...


• Hillary and Bill: A Relationship Too Political to Be Ignored - New ...
  ... to political events on his own, instead of introducing her, standing by her side, or sitting raptly at her important speeches like an admiring spouse. ...


• Opinion 99-118
  The spouse was a member of a political party's county committee and had long been ... that the judge concurs with spouse's endorsement of the candidate. ...