Unofficial English translation for information only. In case of discrepancy, the Turkish text prevails. This translation is not legal advice.
Turkish source: Law No. 6098, Official Gazette 04/02/2011, No. 27836. Turkish text as published on mevzuat.gov.tr, checked on 26 October 2026: https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6098&MevzuatTur=1&MevzuatTertip=5
PART TWO – Special Obligational Relationships
CHAPTER FIFTEEN – Suretyship Contract
Article 581 – A. Definition
A suretyship contract is a contract by which the surety undertakes to be personally liable to the creditor for the consequences of the debtor’s failure to perform the debtor’s obligation.
Article 582 – I. Principal obligation
A suretyship contract may be concluded for an existing and valid obligation. However, a suretyship contract may also be concluded for a future or conditional obligation, to take effect when that obligation arises or the condition is fulfilled.
A person who provides personal security for an obligation for which the debtor is not liable due to mistake or incapacity is liable under the statutory provisions on suretyship if, when assuming the obligation, that person knew of the defect invalidating the contract. The same rule applies to a person who acts as surety for an obligation that is time-barred as against the debtor.
Unless otherwise evident from the law, the surety may not waive in advance the rights granted to the surety in this Chapter.
Article 583 – II. Form
A suretyship contract is not valid unless made in writing and unless it specifies the maximum amount for which the surety is liable and the date of suretyship. The surety must state in the suretyship contract, in the surety’s own handwriting, the maximum amount for which the surety is liable, the date of suretyship and, if acting as a joint and several surety, the fact that the surety assumes the obligation in that capacity or by using any expression to that effect.
The same formal requirements apply to the granting of specific authority to another person to act as surety on the grantor’s behalf and to a promise made to the other party or a third person to act as surety. The parties may agree, in compliance with the written form, to limit the surety’s liability to a specified amount of the obligation.
Any subsequent changes to the suretyship contract that increase the surety’s liability have no effect unless the form prescribed for suretyship is observed.
Article 584 – III. Spouse’s consent
Unless one of the spouses is subject to a court decision of separation or has acquired the legal right to live separately, that spouse may act as surety only with the written consent of the other spouse; such consent must be given before or, at the latest, at the time the contract is concluded.
The spouse’s consent is not required for subsequent changes to the suretyship contract that do not cause an increase in the amount for which the surety is liable, an ordinary suretyship to become a joint and several suretyship, or a significant reduction in the security in the surety’s favour.
(Added paragraph: 28/3/2013-6455/77 art.) The spouse’s consent is not required for suretyships given in relation to an enterprise or company by the owner of a commercial enterprise registered in the trade registry or by a partner or manager of a commercial company; for suretyships given in relation to their professional activities by tradespersons or artisans registered in the registry of tradespersons and artisans; for suretyships given for loans to be used within the scope of Law No. 5570 dated 27/12/2006 on the Extension of Interest-Supported Loans by Public Capital Banks; or for suretyships given for loans extended by agricultural credit cooperatives, agricultural sales cooperatives, tradespersons and artisans credit and surety cooperatives, and public institutions and organisations to members of cooperatives.
Article 585 – 1. Ordinary suretyship
In ordinary suretyship, the creditor may not pursue the surety unless the creditor has first proceeded against the debtor; however, the creditor may proceed directly against the surety in the following cases:
1. A final certificate of insolvency has been obtained as a result of enforcement proceedings against the debtor.
2. Enforcement proceedings against the debtor in Türkiye have become impossible or considerably more difficult.
3. The debtor has been declared bankrupt.
4. The debtor has been granted a period for concordat (composition with creditors).
If the receivable has also been secured by a pledge before or at the time of suretyship, the surety in ordinary suretyship may request that the receivable be recovered first from the pledged property. However, this provision does not apply if the debtor has been declared bankrupt or granted a period for concordat.
If the suretyship was given solely to cover a shortfall, the surety may be approached directly if enforcement proceedings against the debtor result in a final certificate of insolvency being obtained, if enforcement proceedings against the debtor in Türkiye become impossible, or if the concordat becomes final. The contract may stipulate that, in these cases, the creditor must first proceed against the principal debtor.
Article 586 – 2. Joint and several suretyship
If the surety has undertaken an obligation as a joint and several surety or by using any expression to that effect, the creditor may pursue the surety without pursuing the debtor or realizing the immovable property pledge. However, this requires that the debtor be late in performance and that a demand for performance have proved unsuccessful, or that the debtor be clearly unable to pay.
If the receivable is secured by a pledge of movable property requiring delivery or by a pledge of a receivable, the surety may not be approached before the pledge is realized. However, the surety may also be approached before the pledge is realized where a judge has determined in advance that the receivable cannot be fully satisfied through realization of the pledge, or where the debtor becomes bankrupt or is granted a period for concordat.
Article 587 – 3. Co-suretyship
Where several persons jointly stand surety for the same debt, each is liable for their own share as an ordinary surety and for the shares of the others as a surety for a surety.
Each of the sureties who undertakes an obligation jointly and severally with the debtor or jointly and severally among themselves is liable for the entire debt. However, a surety may refuse to pay more than their own share unless enforcement proceedings have been initiated against all sureties who are jointly and severally liable with that surety, whether earlier or at the same time, and who can be pursued in Türkiye. A surety may also exercise this right where the other sureties have paid their own shares or provided security over assets. Subject to contrary agreements, a surety who pays the debt has a right of recourse against the other sureties to the extent that they have not previously paid their own shares. This right may also be exercised before recourse against the debtor.
If the creditor knows or ought to know that the surety undertook suretyship on the assumption that other persons were or would be sureties for the same receivable, the surety is released from the suretyship obligation if that assumption is not subsequently fulfilled, or if one of the sureties is released by the creditor from the suretyship obligation or their suretyship is held invalid.
Each person who independently stands surety for the same debt is liable for the entire suretyship obligation. However, unless otherwise agreed, a surety who pays the debt has a right of recourse against the others in proportion to their shares of the total suretyship amount.
Article 588 – 4. Surety for a surety and surety for recourse
A surety for a surety, who provides security to the creditor for the surety’s debt, is liable together with the surety as an ordinary surety.
A surety for recourse is a surety who provides security for the surety’s claim for recourse against the debtor.
Article 589 – a. Scope of liability
In all cases, the surety is liable up to the maximum amount specified in the suretyship contract.
Unless otherwise agreed in the contract, the surety is liable, up to the specified maximum amount, for:
1. The principal debt and the legal consequences of the debtor’s fault or default.
2. The costs of enforcement proceedings and actions brought by the creditor against the debtor, provided that the creditor notified the surety sufficiently in advance to enable the surety to prevent them by paying the debt, and, where necessary, the costs arising from delivery of the pledges to the surety and transfer of the pledge rights.
3. Contractual interest accrued for one year and for the current year, and, where necessary, interest accrued on the principal lent in exchange for bonds for one year and for the current year.
Unless expressly agreed in the contract, the surety is liable only for the debtor’s debts arising after the suretyship contract was concluded.
Agreements providing that the surety will be liable for damage caused by the principal obligation becoming invalid and for a penalty clause are absolutely null and void.
Article 590 – b. Pursuit of the surety
Even if the principal debt has become due earlier because of the debtor’s bankruptcy, enforcement proceedings may not be initiated against the surety before the stipulated due date.
In all types of suretyship, the surety may ask the judge, upon providing security over assets, to order the suspension of proceedings brought against the surety until the existing pledges have been realized and a definitive certificate of insolvency has been obtained as a result of enforcement proceedings against the debtor, or until a concordat decision is made.
If the principal debt becoming due depends on advance notice specifying a notice period being given by the creditor or the debtor, that period for the suretyship obligation begins on the date the notice is given to the surety.
If payment of the debt by a debtor whose domicile is in a foreign country has become impossible or restricted under that country’s laws for reasons such as prohibitions relating to foreign exchange transactions or transfers, the surety whose domicile is in Türkiye may object to enforcement on that ground.
Article 591 – c. Defences
The surety is entitled, and obliged, to raise against the creditor all defences belonging to the principal debtor or the debtor’s heirs that do not arise from the principal debtor’s inability to pay. This provision does not apply where the surety knowingly stands surety for a debt for which the debtor is not liable due to mistake, incapacity to contract or the debt being time-barred.
Even if the principal debtor has waived a defence belonging to them, the surety may still raise that defence against the creditor.
If the surety makes payment without knowing that the principal debtor has defences, the surety has a right of recourse. However, if the principal debtor proves that the surety knew or ought to have known of those defences, the surety loses the right of recourse to the extent that the surety would have been released from payment had those defences been raised.
In suretyship for a debt arising from gambling or betting, the surety may raise the defences available to the principal debtor, even if the surety knew the nature of the debt.
Article 592 – d. Duty of care; delivery of pledges and debt instruments
If the creditor reduces, to the surety’s detriment, pledge rights, security or priority rights that existed at the time of suretyship or were subsequently obtained from the principal debtor as special security for the receivable, the surety’s liability is reduced by a corresponding amount, unless the creditor proves that the loss was smaller. The surety retains the right to request repayment of any excess amount paid.
In cases of suretyship for employees, if the creditor neglects the supervision it is required to exercise over employees or fails to exercise the care that may be expected of it, and the debt arose for that reason or increased to an extent that it would not have reached had such care been exercised, the creditor may not claim that debt or the increased portion of it from the surety.
The creditor is obliged to deliver to the surety who pays the debt the debt instruments that may enable the surety to exercise its rights and to provide the necessary information. The creditor must also deliver to the surety pledges and other security existing at the time of suretyship or subsequently provided by the principal debtor for the receivable, or take the necessary steps to transfer them. The creditor’s pledge and retention rights arising from its other receivables remain reserved to the extent that they rank ahead of the surety’s rights.
If, without just cause, the creditor fails to fulfil its obligations or, through gross fault, disposes of existing documents or pledges or other security for which it is responsible, the surety is released from the debt. In that case, the surety may request repayment of what was paid and compensation for any additional damage.
Article 593 – e. Request for acceptance of payment
Even if the debt has become due because of the debtor’s bankruptcy, the surety may at any time ask the creditor to accept payment if the debt is due. Where several persons stand surety for a debt, the creditor must accept partial payment by one of the sureties, provided that it is not less than that surety’s share.
If the creditor refuses to accept payment without just cause, the surety is released from the debt; in co-suretyship with joint and several liability, the sureties’ liability is reduced by the amount of their respective shares.
With the creditor’s consent, the surety may also pay the principal debt before it becomes due. However, in that case, the surety may not exercise the right of recourse against the principal debtor before the debt becomes due.
Article 594 – f. Notification; registration in bankruptcy and concordat
If the principal debtor is six months late in paying the principal or interest for a six-month period, or in principal payments required to be made from year to year, the creditor must notify the surety of the situation. At the surety’s request, the creditor must at any time provide information about the extent of the principal debt.
If the principal debtor has been declared bankrupt or has requested a concordat, the creditor must register its receivable and take the necessary steps to protect its rights. The creditor must notify the surety as soon as it learns that the debtor has been declared bankrupt or granted a period for concordat.
If the creditor fails to fulfil any of the requirements set out in the preceding paragraphs, it loses its rights against the surety to the extent of the damage the surety suffers as a result.
Article 595 – a. Right to request security and release from the debt
In the following cases, the surety may request that the principal debtor provide security and, if the debt has become due, release the surety from the debt:
1. The principal debtor has breached obligations undertaken towards the surety, particularly a promise to release the surety from the debt within a specified period.
2. The principal debtor has fallen into default or enforcement has become considerably more difficult because the debtor has transferred their domicile to another country.
3. The danger to the surety has increased considerably compared with the date the suretyship was given, as a result of deterioration in the principal debtor’s financial position, a decrease in the value of the security or the debtor’s fault.
Article 596 – b. Surety’s right of recourse
To the extent that the surety performs for the creditor, the surety is subrogated to the creditor’s rights. The surety may exercise these rights when the principal debt becomes due.
Unless otherwise agreed, the surety is subrogated only to pledge rights and other security for the same receivable that existed when the suretyship was given or were subsequently provided by the principal debtor specifically for that receivable. A surety who performs partially for the creditor is subrogated only to the part of the pledge right corresponding to that performance. The creditor’s remaining claim against the pledged property ranks ahead of the surety’s pledge right.
Claims and defences arising from the legal relationship between the surety and the principal debtor are reserved.
If a pledge securing a receivable is realized or the debt is paid by the owner who provided the pledge, the owner may exercise a right of recourse against the surety only if there is such an agreement between the owner and the surety or if the pledge was subsequently provided by a third party.
The limitation period for the surety’s right of recourse begins to run when the surety performs for the creditor.
If the surety pays a debt that does not give rise to a right of action or does not bind the principal debtor due to mistake or incapacity, the surety has no right of recourse against the principal debtor. However, if the surety has undertaken, as the debtor’s agent, to be liable for a time-barred principal debt, the principal debtor is liable to the surety under the provisions governing the contract of mandate.
Article 597 – c. Surety’s duty to notify
A surety who pays the debt in whole or in part must notify the debtor.
If the surety fails to give this notice and the debtor, who does not know or is not required to know of the payment, also performs for the creditor, the surety loses the right of recourse.
The surety’s right to bring an action against the creditor on the ground of unjust enrichment is reserved.
Article 598 – I. By operation of law
Whatever the reason, when the principal debt is extinguished, the surety is also released from the debt.
If the status of debtor and surety is combined in the same person, the special benefits arising from the suretyship for the creditor remain reserved.
Every suretyship given by a natural person automatically terminates upon the expiry of ten years from the conclusion of the contract relating to it.
Even if the suretyship was given for a period exceeding ten years, the surety may be pursued only until the expiry of the ten-year period unless the suretyship has been extended or a new suretyship has been given.
The term of suretyship may be extended for a new period of up to ten years by the surety’s written declaration, made in the form required for the suretyship contract, provided that it is made no earlier than one year before the suretyship expires.
Article 599 – II. Withdrawal from suretyship
Where a suretyship is given for a debt to arise in the future, if the debtor’s financial position before the debt arises deteriorates considerably after the suretyship contract is concluded, or it emerges that the debtor’s financial position was much worse than the surety in good faith assumed when giving suretyship, the surety may withdraw from the suretyship contract at any time, by giving written notice to the creditor, provided that the debt has not arisen.
The surety is obliged to compensate for the damage suffered by the creditor because of its reliance on the suretyship.
Article 600 – III. In suretyship for a fixed term
In suretyship for a fixed term, the surety is released from the debt at the end of the term.
Article 601 – IV. In suretyship for an indefinite term
In suretyship for an indefinite term, when the principal debt becomes due, the surety may require the creditor, at any time in ordinary suretyship and, in joint and several suretyship, in the cases prescribed by law, to exercise its rights of action and enforcement against the debtor within one month, to initiate enforcement by realizing any pledge and to continue the proceedings without interruption.
If the debt will become due as a result of notice given by the creditor to the debtor, one year after the suretyship contract is concluded the surety may require the creditor to give that notice and, once the debt thereby becomes due, to exercise its rights of enforcement and action in accordance with the preceding paragraph.
If the creditor fails to comply with the surety’s requests, the surety is released from the debt.
Article 602 – V. Suretyship for employees
In suretyship for employees for an indefinite term, the surety may give notice of termination of the contract every three years, with effect from the end of the following year.
Article 603 – E. Scope of application
The provisions concerning the form of suretyship, capacity to stand surety and the spouse’s consent also apply to other contracts concluded by natural persons under a different name for the provision of personal security.