- 15-Jan-2025
- Family Law Guides
A guarantee and security are both financial instruments used to provide assurance for the fulfillment of obligations, but they differ in their nature and function.
| Aspect | Guarantee | Security |
|---|---|---|
| Definition | A promise made by a third party to fulfill a debt or obligation if the primary party defaults. | An asset or collateral pledged to secure a loan or obligation. |
| Parties Involved | Involves three parties: the guarantor, the debtor, and the creditor. | Involves two parties: the borrower and the lender. |
| Nature of Obligation | Unconditional promise; the guarantor pays only if the debtor defaults. | Conditional; the lender has a claim on the asset if the borrower defaults. |
| Types | Personal guarantees, corporate guarantees. | Mortgages, liens, pledges. |
| Legal Status | Not a transfer of ownership; the guarantor is liable only upon default. | A claim over the asset; lender can seize the asset upon default. |
| Purpose | To provide assurance to the creditor regarding the debtor’s obligations. | To secure the lender's interests against default. |
| Example | A parent guarantees their child's loan. | A house is mortgaged to secure a home loan. |
While both guarantees and securities serve to protect lenders and creditors, a guarantee is a promise to pay, whereas security involves the provision of collateral that the lender can claim in the event of default.
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