An article by Prof. Dr David Bartlitz, B.Sc., and Prof. Dr Jochen Hoffmann, entitled “Die Widerruflichkeit der Verbraucherbürgschaft – a never ending story” (The revocability of consumer suretyships – a never-ending story), has been published in volume 81, issue 12/2026 of the JuristenZeitung (JZ).
The question of whether consumers who assume a suretyship under the situational conditions of an off-premises contract are entitled to a right of withdrawal has occupied courts and legal scholarship for three decades now. In its judgment of 22nd September 2020, the German Federal Court of Justice had still rejected such a right of withdrawal. However, following the revised version of Section 312 of the German Civil Code (BGB), which entered into force on 1st January 2022, the question now arises again — and under altered doctrinal premises.
The article shows that, in particular, the newly introduced Section 312(1a) BGB reopens the scope of application of consumer contract law. The legislature’s primary aim with this provision was to cover cases of “payment with data.” According to the analysis by Prof. Dr. Bartlitz and Prof. Dr. Hoffmann, however, the deliberately broad wording of the provision is not limited to such cases, but also covers suretyships in which the surety necessarily provides personal data for identification and for potential later enforcement. It follows that, where the further requirements are met, a right of withdrawal under Section 312g BGB may exist.
The article situates this development within the long-standing debate on consumer suretyships and also demonstrates that the Federal Court of Justice’s 2020 decision has been superseded by the legislative amendment. The full text of the article is available via the publisher or through institutional access.
