Suretyship Contract: Comprehensive Guide under TCO Art. 581-598

Summary: Summary and Key Information Suretyship Contract: Comprehensive Guide - Essential legal knowledge: This guide explains the strict formal requirements...

Summary and Key Information

Suretyship Contract: Comprehensive Guide - Essential legal knowledge: This guide explains the strict formal requirements and liabilities of becoming a guarantor (kefil) in Turkey.

What is a Suretyship Contract?

A suretyship contract (kefalet sözleşmesi) is an agreement where a third party (the surety) undertakes to be personally liable to the creditor for the debt of the debtor if the debtor fails to perform.

Strict Validity Conditions

Turkish law imposes very strict form requirements to protect sureties:

Written Form: The contract must be in writing.
Handwritten Details: The surety must handwrite the maximum amount they are liable for (“…up to 100,000 TL”) and the date of the suretyship. A printed form without these handwritten details is void.
Spousal Consent: If the surety is married, the written consent of their spouse is mandatory prior to or at the time of signing (with limited exceptions for commercial enterprises). Without this, the suretyship is invalid.

Types of Suretyship

Ordinary Suretyship (Adi Kefalet): The creditor must first try to collect from the debtor. Only if the debtor is insolvent can they turn to the surety.
Joint and Several Suretyship (Müteselsil Kefalet): The creditor can demand payment from the surety as soon as the debtor defaults, without exhausting remedies against the debtor first. This is the most common form in banking.

Extinction of Liability

The surety’s liability ends when the main debt is paid or after a period of time (generally 10 years by law, though often limited to shorter periods in the contract).

Expert Legal Support: We assist in drafting valid suretyship agreements and defending sureties against invalid claims.

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