Contrato de fianza (civil guarantee/suretyship agreement)

Contrato de fianza (civil guarantee/suretyship agreement) is filed with Documento privado entre las partes (preferentemente notarial). With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your application for you. Estimated total cost: from €29. Official tasa (government fee): If it is granted in a public deed: regional AJD (stamp duty) of (0,5%-1,5%) on the amount guaranteed, unless the rule of art. 15 TRLITPAJD applies (a single transaction together with the loan).

We draft your contrato de fianza (suretyship agreement, arts. 1822-1856 CC), under which the guarantor (fiador) undertakes to pay or perform in place of the debtor if the debtor defaults. We distinguish between a simple civil fianza (with the benefits of prior enforcement against the debtor, division and order), a joint and several fianza (waiver of those benefits, art. 1831.2 CC) and a bank guarantee (which has its own regime). We include clauses on caps, term, spousal consent under the gananciales regime (art. 1367 CC), the accessory nature of the guarantee in relation to the main obligation and the guarantor's subrogation (art. 1839 CC). We apply the cap of art. 36.5 LAU (Ley 11/2023) in leases of a main home.

Start this procedure →See all procedures

Estimated total cost: from €29
Managora's fee: €35.09 (21% VAT incl.)
Tasa (official government fee): If it is granted in a public deed: regional AJD (stamp duty) of (0,5%-1,5%) on the amount guaranteed, unless the rule of art. 15 TRLITPAJD applies (a single transaction together with the loan). (suplido: paid to the authority on your behalf, no VAT)
Processing time: Signed immediately.
Where it is filed: Documento privado entre las partes (preferentemente notarial) ↗
What you receive: Application

Cost breakdown: Our fee 29 €. If it is granted in a public deed, regional AJD of 0,5 to 1,5 % (variable) on the amount guaranteed, unless it forms a single transaction with the loan..

Contrato de fianza (civil guarantee/suretyship agreement): how is it filed?

1Answer the questions in the chat (about 6-8 minutes).
2We identify the applicable regime: simple civil, joint and several, or a bank guarantee.
3We flag the key risks: waiver of benefits, the gananciales regime, and the LAU caps.
4Payment of 29 € for our fee.
5Sign the mandate from your mobile.
6We give you the contract ready to sign plus a legal report on the benefits, risks and routes to termination.

Which documents do you need?

•DNI / NIE of the creditor, the debtor and the guarantor.
•The document containing the main obligation (loan agreement, lease, and so on).
•If the guarantor is married under the gananciales regime: the spouse's appearance or written consent.
•Evidence of the guarantor's financial capacity (recommended).
•If it is a bank guarantee: the agreement with the bank and the applicable fees.

Legal basis and things to bear in mind

Framework: arts. 1822-1856 CC (fianza); arts. 1144 and 1831 CC (joint and several liability); art. 1367 CC (gananciales); art. 36.5 LAU (Ley 11/2023, a maximum of 2 months' rent for a home).
Accessory nature: a fianza cannot exist without a valid main obligation (art. 1824 CC).
The guarantor cannot be bound to more than the main debtor (art. 1826 CC).
Benefits: prior enforcement against the debtor (art. 1830), division (art. 1837) and order, all of which are lost by waiver or by joint and several liability (art. 1831).
Right of recourse (art. 1838) and statutory subrogation (art. 1839): a guarantor who pays steps into the creditor's shoes.
Right to be released (art. 1843): the guarantor may ask the debtor to release them if 10 years have passed, if there is a risk of insolvency, and so on.
Release through an extension of time (art. 1851) and through the impossibility of subrogation (art. 1852): the classic routes to termination in the guarantor's favour.
Joint and several fianza: used on a massive scale by banks and high risk. CJEU judgment C-419/16 and Supreme Court judgment of 18/2/2020 apply transparency and unfairness controls where consumers are involved.
Tax: if free of charge, AJD applies where it is in a deed with a stated amount (unless art. 15 TRLITPAJD applies); if for consideration, IVA at 21% applies where the guarantor is a business.
Natural connections: contrato_prestamo_personal_consumidor, contrato_arrendamiento_vivienda, prestamo_hipotecario, contrato_garantia_real_prenda.

Contrato de fianza (civil guarantee/suretyship agreement): frequently asked questions

Contrato de fianza (civil guarantee/suretyship agreement): how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is from €29: Our fee 29 €. If it is granted in a public deed, regional AJD of 0,5 to 1,5 % (variable) on the amount guaranteed, unless it forms a single transaction with the loan.. Managora's fee is €35.09, 21% VAT included (€29.00 net + €6.09 VAT). The official tasa charged by the authority (a suplido paid on your behalf, no VAT) is: If it is granted in a public deed: regional AJD (stamp duty) of (0,5%-1,5%) on the amount guaranteed, unless the rule of art. 15 TRLITPAJD applies (a single transaction together with the loan)..

Contrato de fianza (civil guarantee/suretyship agreement): how long does it take?

Signed immediately.

Contrato de fianza (civil guarantee/suretyship agreement): which documents do I need?

You need to have to hand: DNI / NIE of the creditor, the debtor and the guarantor., The document containing the main obligation (loan agreement, lease, and so on)., If the guarantor is married under the gananciales regime: the spouse's appearance or written consent., Evidence of the guarantor's financial capacity (recommended)., If it is a bank guarantee: the agreement with the bank and the applicable fees.. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Documento privado entre las partes (preferentemente notarial). You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Documento privado entre las partes (preferentemente notarial) ↗.

Shall we get started with «Contrato de fianza (civil guarantee/suretyship agreement)»?

We file it for you, from start to finish.

Start now →