Joint suretyship

A fiduciary surety agreement, unlike other surety agreements, allows the principal debtor to apply to a fiduciary surety without the need to follow up enforcement. For example, in an adi bail, the guarantor can claim this situation as Def'i by first suggesting the conditions of applying to the guarantor or cashing out the pledge against the creditor. Therefore, if the debtor does not fulfill or perform his debt in the fiduciary bail, the creditor shall not be liable to the creditor. According to provision 586, it may go directly to the fiduciary guarantor's responsibility. On the other hand, it is necessary to separate fiduciary bail from fiduciary debt. Although fiduciary indebtedness has the main debt property, fiduciary surety is a collateral debt based on the actual debt, although it has the elements of ferilik and talilik on the contrary. In this regard, the only similarity between fiduciary bail and fiduciary indebtedness is that the creditor can apply decisively to what he wants from the debtors. In this study, the legal nature, elements and provisions of fiduciary bail will be discussed and the common and different aspects of similar institutions will be examined by including the application of the Supreme Court.