Separation of Surety Agreement and Guarantee Agreement

Abstract

Objective: The purpose of this research is to learn the differences between the “Surety Agreement” and the “Guarantee Agreement”, which are often confused in collateral law. Method: The research method used in this study was based on finding the general result to be obtained after comparing the opinions of academics with court decisions based on domestic legal rules in Turkey. Results and Discussion: In contracts established in commercial and social life, there are remedies such as "Surety Agreement" or "Guarantee Agreement" to eliminate or significantly reduce the risk of the debtor's inability to pay the debt. It has been concluded that the Guarantee Agreement provides a stronger guarantee than the Surety Agreement, is established by a different contract from the articles of association, the creditor has the right to apply directly to the guarantor in the articles of association, and in case of hesitation, he has the right to apply to the guarantor. there is a practice and consensus on this issue before the Turkish courts and academics. Research Implications: The information and documents that can be used in this research have been obtained completely from open sources. all of the quoted information is written in the footnotes and bibliography section. Originality/Value: The novelty of this research is that it explains the reasons for using the “Bank Guarantee Letter”, the most well-known example of which is due to the fact that the Guarantee Agreement provides more effective protection to the creditor party in the field of collateral law.