KEFALET SÖZLEŞMELERİNDE ŞEKLE İLİŞKİN KURALLAR
RULES REGARDING THE FORMAL REQUIREMENTS OF GUARANTEE AGREEMENTS

Summary/Abstract: A guarantee agreement aims to secure a debt by having a person other than the original debtor assume responsibility for the debt. In this regard, strict formal requirements for guarantee agreements are included in the Turkish Code of Obligations No. 6098 to protect the guarantor. Accordingly, a guarantee agreement will be invalid unless the date of the guarantee, the maximum amount for which the guarantor will be liable, and, if joint and several liability is involved, this matter are explicitly stated in the guarantor's own handwriting. This study first examines the definition and legal nature of a guarantee agreement, and then evaluates its form in accordance with the regulations in the Code of Obligations No. 818 and the Turkish Code of Obligations No. 6098.

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