Abstract:

In this paper, a new provision introduced by the Turkish Code of Obligations (TCO) dated 11 January 2011, which came into force on 1 July 2012, is analyzed. As per article 598/III of the TCO, the legislator limits validity of any surety granted by a natural person with ten years. It can be observed that such provision is inspired by the amendments on the article 509 of the Swiss Code of Obligations which were adopted by the Swiss legislator on 10 December 1941 and came into force on 1 July 1942. However in several aspects, the Turkish provision differs from the Swiss regulation.  In light of the foregoing, the effects, the legal nature and the commencement date of the validity term prescribed by article 598/ III of the TCO shall be hereby discussed with references to the Swiss law. 

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