Relationship between surety and creditor

The suretyship contract, which has an important role in economic and legal life, is one of the personal guarantee agreements. The person who is obliged by the surety contract undertakes to provide the creditor with the benefit the creditor expects from this performance in cases where the principal debtor does not fulfill her debt. The most important and distinctive feature of the suretyship contract is that it is accessory contract. Through the accessory feature of the suretyship contract, the surety can use all the defenses that the principal debtor has against the creditor. The surety is under the obligation to use the defenses that the principal debtor has. In addition, the surety has defenses arising from the suretyship contract and herself, in addition to the defense opportunities that the principal debtor has. Although a suretyship contract is a contract that mostly creates a debt for the surety, the creditor also has some obligations to prevent the surety from being damaged. Within the scope of our study, firstly, the definition, legal nature and features of the suretyship contract were examined. Then, defenses of the surety against the creditor, the creditor's obligations, and the consequences of the guarantor and creditor's failure to comply with these obligations, which constitute the basis of our study, are evaluated.