Spouse's consent in bailment contract

A bailment contract is a contract of a guaranty in which the guarantor undertakes to be personally responsible to the creditor for the consequences of the debtor's failure to repay the performance. The bailment contract, which is the most common and most important contract among personal guarantee contracts, is arranged between the articles No. 581 to 603 substances of the Turkish Law of Obligations No. 6098. With the entry into force of the Turkish Law of Obligations No. 6098, significant changes were made regarding the provisions of the bail agreement, and innovations were introduced. One of these important innovations is issued in article No. 584. In this article, the possibility of married persons to stand as bails is qualified to the written consent of the guarantor's spouse at the latest at the time of the bail agreement. In this article, the legislator aimed to prevent the family from being harmed by the bail contract, which burdens the guarantor with responsibility, and to protect the marital union. This provision regulating the consent of the other spouse in the bail agreement is mandatory and cannot be decided otherwise by any other parties. In the third paragraph of this article, cases in which the consent of the spouse will not be sought are arranged. The legislator sought both the written consent of the other spouse in terms of married real individuals, both in the bail agreement and in other personal guarantee contracts, the exception of this law is issued in the article No. 584 of the Turkish Law of Obligations it is included in the third paragraph of the article. In the cases specified in this provision, the written consent of the married real person's spouse will not be sought. Lastly, in the article No. 603 of the Turkish Law of Obligations, in addition to some other matters related to the bail agreement, the condition of the guarantor's spouse's consent will be sought in other contracts of guaranty issued by real persons. With this article, the legislator has arranged that the bail provisions will also apply to contracts made under another name to give personal assurance by real persons to bale out of the protective provisions of the guarantor. In this way, it is aimed to prevent the circumvention of the law formed contracts are concluded under another name for the provision to give personal assurance by real persons to end the provisions protecting the guarantor, its family, and the union of marriage.