A lawyer can help you by alerting you to serious pitfalls and helping you negotiate better terms for the warranty, such as. B limit the operation of the guarantee or make provision for its release when certain events occur. In most cases, the guarantee documents include support compensation so that the beneficiary (lender) can benefit from both agreements. Therefore, formulation is crucial to avoid errors and unclear formulations. In case of uncertainty, the judge chooses the least onerous interpretation for the guarantor, which means that the obligation in question is qualified as a guarantee. As a result, the benefit of compensation for the beneficiary is lost. A indemnification contract is a primary liability and may arise from an express or implied contract or in equity. .