Executive bail bond

The suretyship contract has an important place among the personal guarantee contracts. Under this contract, the surety agrees to be personally responsible for the consequences resulting from the debtor's failure to fulfil its debt. Executive bail bond which constitutes the subject of our study is one of the types of guarantee contract. According to the executive bail bond issued in the 38th article of Enforcement and Bankruptcy Law, the surety promises to pay the debt which is subjected to enforcement proceedings partially or fully. Due to the fact that there is no regulation regarding the form and the condition of executive bail bonds in the Enforcement and Bankruptcy Law, the subject of which rules will be applied has been debated in the doctrine and in the decisions of the Court of Cassation in order to have a valid executive bail bond. The debates on this issue are examined in detail in our study. Since the executive bail bonds are clearly listed among the document constituting as a verdict in the Enforcement and Bankruptcy Law, the pursuance of the executive guarantor is carried out through enforcement proceedings with judgement as a rule. In the first part of our study, the concept and the legal nature of executive bail bond and the contract of guarantee are examined. In the second part, the debates concerning the executive bail bond conditions and the scope of the responsibility of executive guarantor are discussed. The last part analyzes the features of the pursuance against the executive guarantor. Keywords: Executive Bail Bond, Suretyship Contract, Enforcement Proceeding with Judgement, Document Constituting as a Verdict