The requirement of form in the suretyship agreement in the light of judicial precedents

Suretyship, which is defined in the dictionary of the Turkish Language Association as "the state of taking full responsibility in case someone fails to pay his debt or fulfill his promise, surety", is a personal guarantee institution that imposes responsibility on the surety, as is evident from its dictionary meaning. In the suretyship contract, where the surety is personally liable, his/her responsibility is against the creditor, and the subject of the responsibility is the consequences of the principal debtor's failure to fulfill his/her obligation. In a suretyship contract, which is one of the most frequently encountered personal guarantees in economic life, the surety is generally under a gratuitous liability. The surety who assumes responsibility without any interest should be encouraged to think about what kind of responsibility he/she is under by his/her action and should be informed about it. In order to prevent the surety who assumes responsibility without any interest from making an unconscious decision and to warn the surety about the obligation he/she has assumed, the legislator has regulated strict formal conditions including which elements should be included in the surety bond and certain matters should be the product of the surety's hand. Within the scope of the Turkish Code of Obligations No. 6098, the purpose, content, nature, the cases of violation and scope of the form in the surety agreement will be analyzed and evaluated together with the case law of the Court of Cassati