Master'sOpen Access

Scope and conditions of the guarantor's responsibility

2022
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Advisor: Doç. Dr. Tayfun Ercan

Abstract (EN)

The aim of the thesis is to determine, within the framework of the Turkish Code of Obligations No. 6098, the scope of the guarantor's responsibility in surety contract, and the conditions he or she is required to meet to undertake this responsibility. The thesis consists of an introduction, three main chapters and final. In the introduction, general information is given about the scope and the conditions under which the responsibility of the guarantor was regulated both in the period when the Code of Obligations No. 818 was in force and in the Turkish Code of Obligations No. 6098. The first chapter consists of two main sections. In the first section, the definition of the suretyship contract is emphasized. In the second section, information about the legal nature and features of the suretyship contract is given with a view to better evaluating the main thesis topic. The second chapter of the thesis consists of two main sections. In the first section, the responsibility of the guarantor arising from the law was emphasized and personal suggestions were made by giving place to the opinions in the doctrine regarding some peculiar situations that occur in practice. In the second section, the responsibility of the guarantor arising from the contract is mentioned to the extent permitted by the Code of Obligations No. 6098. In the third chapter, after defining the nature of surety contract and providing information about its main features, the conditions under which the guarantor, whose scope of responsibility is determined in the surety contract, could be held responsible are discussed. The third chapter consists of three main sections. In the first section, the ordinary surety contract, which is the main surety type; in the second section, the joint surety agreement, which is the most frequently encountered type; in the third section, the conditions for applying for suretyship in terms of other types of surety contracts are emphasized. Key Words: Surety, Responsibility, Contract, Guarantor

Author

Şükrü Ekren

How to Cite

Şükrü Ekren (Master Thesis). Scope and conditions of the guarantor's responsibility, 2022, Gaziantep University.

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