The legal position of the promiser in the commitment of the third parties act

The topic of this thesis called The Legal Position of the Promiser in the Commitment of the Third Parties Act essentially consist of promiser's debts and defenses. First of all, the general structure of institution is introduced and explanations about its historical background are given. Then, legal nature of commitment of third parties' acts are presented in order to doctrine and judicial decisions. At this point, its relationship with guarantee contracts is also specially emphasized. After presented general structure and legal nature, the characteristics and validity terms of the institution will be explained in detail. In this respect, TCO 603 has vital role, and it has of great importance in terms of the shape and validity requirements of the structure. The general acceptance is that the arrangements regarding the validity conditions and ability of the suretyship agreement in TCO 583 and 584 should also be applied in terms of the contract to undertake the act of the third party with the sending of the regulation TCO 603. Since the relevant regulation brings the two institutions closer together, it is also very important to determine the distinction between the two institutions in terms of practice. The main differences between them are that whether it is primary or ancillary guarantee. According to them, suretyship is ancillary and commitment of third parties act is the primary guarantee. In addition to this, its relationship with other structures that are like assuming commitment of the third parties act will be examined and its different aspects will be revealed. Thus, the application area of the regulation and its specific aspects that differ from other institutions can be determined more easily. Also, guarantee agreement and bank letters of guarantee, which is be mentioned with commitment of third parties act, will be evaluated. After embodying the structure of the commitment of third parties act, the debt of the promiser will be emphasized. In particular, the scope of the promisor's debt should be determined with the determination of the birth of the debt and the moment when it becomes due. The promiser undertakes a third parties' risk. In other words, it is responsible for the amount of damage that will take place because of the risk. In this respect, it will be necessary to determine which damages the promiser will be liable for and to what extent, if the risk occurs. Also, the promiser's debts do not an unconditional debts obligation if requested from creditor. Like every debtor, promisor will be able to avoid payment by contractual invalidity within the framework of general provisions, invalidity of the scope of commitment of third parties act and also if the risk does not occur, he can on the basis this. As a result of this, if the creditor demand payment, there will be some defenses in which the promisers can avoid payment. The promiser will have to be fulfill his debt if there is no condition that requires promiser to avoid payment. At this point, it is also mentioned in the last part of the thesis under which conditions and conditions the promiser can recourse to the third person for whom promisor provides collateral (for which she takes the risk). Finally, it will be stated that the principles specific to the law of personal security (guarantee), which were set forth on the uniformization of the Principles of European Contract Law, have also been added to our work as footnotes in the relevant places. Keywords: Commitment of third parties act; guarantee contract; bank letters of guarantee; suretyship; personal guarantee; personal security; counter guarantee.