Recourse relations in garantee agreements

The aim of this study is to give information about recourse relations in surety, garantee agreements and mortgages. The first section gives a general introduction explaining terms of garantee, the types of garantee agreements, recourse and subrogation. The following sections deal with each of these subjects in detail.The recourse rights of garantors against debtors and other garantors are outlined in Turkish Obligation Law articles 496 and 488. The basis of recourse rights in these articles come from the principal of subrogation. In addition to the principal of subrogation, there are other recourse rights that govern the relationship between the garantor and the debtor.In guarantee agreements, the recourse rights of garantors are not governed by law because guarantee agreements are irregular agreements. In Obligations Law, subrogation comes exclusively from that law, so the recourse rights of garantor do not come from the principle of subrogation.A garantor?s recourse rights can be classified. There may or may not be a counter-guarantee. If there is a counter-guarantee agreement, the garantor has recourse rights because of the agreement. If a counter-guarantee agreement is not present, the garantor still has recourse rights, but for a different reason. In this situation, the garantor has these rights because of the general principals of recourse. Garantor recourse rights come from the principals of mandate or acting without authority or unjust enrichment laws.In order for there to be recourse rights in the case of a mortgage, there must be more than one person guaranteeing payment of the debt. If one of the parties wants to remove themself from the mortage agreement, they can do so by paying the value of the mortgage to the lender. In this case, the person who pays the value of the mortgage has recourse rights against the other liable parties in the contract.The only Turkish law related to recourse rights in the case of mortgages is Turkish Civil Law article 884. Pursuant to this article, if the owner of the immovable property is not personally liable for the debt, he has the right to recourse against the other liable parties.In addition to Turkish Civil Law article 884, we must accept that the owner of immovable property has recourse rights because of the general principals of recourse.