Özet:

In order to secure a receivable, it is possible to conclude a bail agreement and to establish a pledge. Bail must be given by a third party other than the original debtor. However, the pledge may be given by the principal debtor or by a third party. In the event that the creditor is satisfied by the guarantor or the third party giving the pledge, the subject of the study that is mentioned in terms of the payment, the guarantor and the third person giving pledge can be recourse to each other. Unlike the Code of Obligations (Numbered 818) on the subject, the Turkish Code of Obligations (Numbered 6098) article 596 has special provisions. In the second paragraph of the said provision (the Turkish Code of Obligations (Numbered 6098) article 596), as a rule, it is arranged that the guarantor satisfying the creditor may apply to the pledge rights granted by the third party before the establishment of the bail contract or at the latest at the time of the establishment of the contract. In the fourth paragraph of the said provision (the Turkish Code of Obligations (Numbered 6098) article 596), as a rule, it is arranged that the third person who pledges may apply to the guarantor before the establishment of the pledge rights. On this subject arrangements are also made in the Turkish Code of Obligations (Numbered 6098) article 127 and the Turkish Civil Code (Numbered 4721) article 884. But since the Turkish Code of Obligations (Numbered 6098) article 596 is a more specific regulation, it should be applied first when the dispute occurs.

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