> contract between the guarantor and the creditor >In the broadest sense of the word, it includes the deposit and the mortgage, because the objective of the guarantee can be achieved not only by guaranteeing the performance of a contractual obligation contracted by the principal debtor by the personal guarantee of a third party, but also by the provision of the heritage power that is used to recover the liability on the product of the latter. “[e]t, a very written agreement, reached below by one person to be responsible for the delay of another person, that person puts the undertakings of a guarantee and confers the rights that flow from it, unless that agreement does not contain in essence: “This is not a surety contract,” or unless any part of that agreement to change the rights and obligations of the guarantee is either : , essentially contains the words. “This part of the agreement is not intended to impose responsibility for a guarantee.” Today, security – or The Guarantee – has been taken over by companies organised for this purpose. These companies generally sell bonds, in which they agree to pay money for embezzlement by public and private officials and employees, obligations related to criminal prosecutions and obligations to ensure the faithful performance of contracts. In that respect, they look like insurance companies. > second paragraph > It includes bonds, DIFFERENT KINDS OF OBLIGATIONS, JOINT AND SOLIDARY OBLIGATIONS, OBLIGATIONS AND CONTRACTS > When a person binds in a solid manner with the principal debtor, the contract is called a guarantee and the surety is specifically called SURETY, a guarantee can only exist for a valid agreement. The surety can therefore take advantage of all the principal debtor`s exceptions. It also means that if a guarantee is used, the surety cannot object to a disagreement and can only make the payment in the event of a final judicial decision in favour of the beneficiary or if the client is no longer able to fulfil his obligations. Some criteria can be used to distinguish between these two types of chords. The first criteria to be considered are the expressions used by the parties. While the parties` statements are not sufficient to determine the nature of the agreement, it is clear that these expressions are the starting point for determining the nature of the legal relationship. As has already been mentioned, the use of these two words instead of each other causes considerable problems. This is especially the case for translations of foreign languages into Turkish.
The English word “guarantee” is translated into Turkish as a “guarantee” and “guarantee.” However, the nature of the agreement is not taken into account in the translation. Therefore, the expressions used by the parties are important in determining the nature of the agreement. However, the clarity of the parties` statements does not exempt the interpretation. It turned out that guarantee agreements and guarantee agreements are two distinct types of agreements that are easy to confuse. However, it is important to distinguish between the two and the above criteria can be used. However, the above criteria are not sufficient to determine the nature of an agreement. In addition, each legal relationship has its unique conditions. Therefore, each situation must be assessed on a case-by-case basis when it is established whether a security relationship is a guarantee agreement or a guarantee agreement.