Contracts of guarantee and indemnity are two types of agreements that individuals and businesses commonly enter into. While they may seem similar, there are key differences between the two. In this article, we`ll explore the difference between contract of guarantee and contract of indemnity with examples to help you understand their distinctions.

What is a contract of guarantee?

A contract of guarantee is an agreement in which one party agrees to be responsible for the debt or obligation of another party. The guarantor acts as a backup if the primary borrower is unable to fulfill their obligation. In this type of agreement, there are three parties involved: the creditor, the debtor, and the guarantor.

For example, let`s say you want to rent an apartment but don`t qualify for the lease because of insufficient credit. You may ask a friend or family member to act as your guarantor. In this case, the landlord will require the guarantor to sign a contract of guarantee stating that they will be responsible for the rent if you are unable to pay.

Another example could be a bank loan. When a bank approves a loan, they may require a guarantor to sign a contract of guarantee. The guarantor will be held responsible for the loan if the borrower defaults on the loan payments.

What is a contract of indemnity?

A contract of indemnity is an agreement in which one party agrees to compensate another party for any loss or damage that may occur. In contrast to a guarantee, an indemnity agreement typically involves only two parties – the indemnifier and the indemnified.

For example, let`s say a company hires an employee who will be handling confidential information. To protect themselves from any legal action, the company may require the employee to sign a contract of indemnity. The contract will state that if the employee discloses confidential information, they will be responsible for any financial loss the company may suffer as a result.

Another example of a contract of indemnity is an insurance policy. When you purchase an insurance policy, you are entering into an agreement with the insurance company. The insurance policy is essentially a contract of indemnity, stating that the insurance company will compensate you for any financial loss you may encounter due to the specific insured events.

Key differences between contract of guarantee and contract of indemnity

The main difference between a contract of guarantee and a contract of indemnity is that a guarantee involves three parties, whereas an indemnity agreement involves only two parties. Additionally, guarantors are liable only in case of default by the primary borrower, while indemnifiers are responsible for compensating for any loss regardless of the cause.

In summary, a contract of guarantee involves a third party taking responsibility for a borrower`s default, while a contract of indemnity involves a party compensating the other for any loss or damage they may incur. Understanding the differences between the two can help individuals and businesses make informed decisions when entering into such agreements.

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Doutor em Filosofia e Mestre em Ciências Políticas pela Universidade Federal do Rio Grande do Sul (UFRGS), com Pós-Doutorado pela Columbia University, em NY. É Professor em tempo integral no INSPER, em São Paulo, e Curador do Projeto Fronteiras do Pensamento. fschuler@uol.com.br