Surety's right of recourse

Suretyship agreement is a type of guarantee agreement and is one of the most common types of agreements from past to present. With the surety agreement, the surety assumes the risk of the principal debtor's failure to fulfill its debt. If the principal debtor fails to fulfill the performance obligation arising from its own debt, the surety is obliged to compensate the material damage incurred by the creditor in this context with its own assets in accordance with the surety agreement. Due to the fact that the surety has entered into the suretyship obligation mostly as a result of the relationship of remembrance with the principal debtor and the trust he/she has in the principal debtor, and that the ultimate liability of the debt is none other than himself/herself, the legislator has regulated the suretyship provisions with the aim of protecting the surety primarily. The surety's right of recourse, which is examined within the scope of our study, is based on the idea that it is equitable for the surety, who undertakes the financial burden that should be undertaken by someone else, to compensate for the decrease in the surety's assets by applying to the ultimate responsible of the debt. For this reason, the source of the right of recourse is the internal relationship between the ultimate obligor and the surety. In other words, unless the internal relationship does not allow for recourse, the surety shall not be under the protection of the suretyship provisions within this scope. The legislator has separately regulated the surety's right of recourse within the scope of the suretyship provisions, and thus, the surety, who has the right of recourse in the internal relationship, is protected with the advantages of proof and collateral by benefiting from the possibility of subrogation. Thus, the surety may either assert his/her claims arising from the right of subrogation by relying on the provisions of the law referred to by the interrelationship, or he/she may directly assert his/her claims by means of subrogation based on the provisions of the suretyship. In this study, the surety's right of subrogation has been analyzed according to the claim (assertion) instruments, the relationship between the two different subrogation claims has been revealed, and the consequences of the right of subrogation and the cases where the right of subrogation ends have been evaluated together with the suretyship provisions.