Abstract:

Surety contract is the contract between the guarantor and the creditor, in which the guarantor undertakes to be personally resposible for the consequences of the debtor’s failure to repay the performance. The requirements of the surety contract are arranged in the Turkish Code of Obligations. Accordingly, first of all, there must be an existing and valid principal debt, the guarantor must have capacity to surety and the surety contract must be made in writing. The guarantor must state in his own handwriting the maximum amount for which he is persponsible, the date of the surety and, in the case of joint surety, that he is under responsibility in this capacity or with an expression that has the same meaning. There is also a special regulation on the capacity to surety. Married persons can be a guarantor only if their spouse has written consent. This issue is arranged in Article 584 of the Turkish Code of Obligations, which is titled “Spousal consent.” In our study, first of all, the surety contract, then the form requirement of the surety contract and the written consent of the spouse have been comprehensively evaluated.

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