Die Berufung des Bürgen auf die relative Nichtigkeit der Hauptforderung

Abstract

The article examines possibilities as to whether and how a guarantor can invoke the relative nullity of the principal debt. Even the qualification, which is the right of appeal to relative nullity, is not unanimously judget. The premiss that this right is structured as a „right of appeal“ seems to be widespread to a large extent, since only the person affected by the relative nullity can himself eliminate the legal transaction. However, if the main debtor does not take action, the possibilities of the guarantor are limited; but not excluded, as shown by this treatise.