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Under the law no. 6098, the defense possibilities of the guarantor againist the creditor

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2023
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Abstract (EN)

The suretyship agreement, which is one of the personal guarantee agreements, is a contract that guarantees the fulfillment of the expected benefit of the legal relationship between the parties and is frequently concluded in practice. Only the bond between the surety and the creditor, which is a kind of tripartite relationship between the debtor of the principal debt relationship, the creditor and the surety, will be examined and the grounds on which the surety may reject the creditor's request for performance will be explained. With the entry into force of the Turkish Code of Obligations No. 6098, certain innovations have been added to the provisions of the former Code of Obligations No. 818 regarding the defenses that the surety has against the creditor. In this study, firstly, the characteristics of the suretyship contract will be mentioned and then the defenses of the surety against the principal debtor and the defenses arising from the suretyship contract that only the surety can use will be discussed in order. Keywords: Creditor, Defence, Objection, Principal Debtor, Surety

Author

Esranur Erdoğdu

How to Cite

Esranur Erdoğdu (Master Thesis). Under the law no. 6098, the defense possibilities of the guarantor againist the creditor, 2023, Ibn Haldun University.

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