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Scope of guarantor's responsibility in bail for the bank's general loan contract in the framework of Turkish Debt Law no.6098

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2018
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Abstract (EN)

The aim of the thesis is to determine the scope of the responsibility of guarantor in case of bail to the bank's general loan contract in the framework of the Turkish Debt Law No. 6098 and to make scientific proposals when necessary. The thesis entry consists of three main parts and the result. In the beginning, when the bank's general loan contract of the bank is given surety, which is frequently organized in practice, what kinds of developments are experienced is given briefly and how it is important is stated. The first chapter is divided into two parts. In the first part, the definition and characteristics of the bank's general loan contract are explained, followed by different views on the legal nature of the bank's general loan contract. In the second part, the bail contract is discussed in general and the important features of the bail contract within the scope of the thesis are examined. In the second part, the scope of the responsibility of guarantor in the bank's general loan contract of the bank is examined. In this chapter, first of all, whether the type of surety to the bank's general loan contract is a consecutive surety and the application conditions of joint guarantor are discussed. Afterwards, receivable items falling within the scope of the responsibility of the guarantor under the bank's general loan contract have been identified. Finally, the guarantor's responsibility to the maximum amount and the effect of the bank's general loan contract's limit on the responsibility of the guarantor in terms of responsibility to the maximum amount are investigated. In the third chapter, some elements which are important in practice in terms of determining the responsibility of the guarantor in the bank's general loan contract, that cause the responsibility of the guarantor to decrease and to end and how these elements affect the responsibility of the guarantor are examined. In the result part of the thesis, the results we have in the study are explained. Keywords: Bank's General Loan Contract, Bail Contract, Guarantor, Guarantor's Responsibility, Elements That Affect Guarantor's Responsibility

Author

Hanife Özdil

How to Cite

Hanife Özdil (Master Thesis). Scope of guarantor's responsibility in bail for the bank's general loan contract in the framework of Turkish Debt Law no.6098, 2018, İstanbul Aydın University.

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