Can a surety withdraw unilaterally after giving a suretyship?
A person who has provided a suretyship for a bank loan, company debt or lease may discover years later that they remain liable for the debt. Sending a formal notice through a notary or stating that the surety no longer wishes to be liable does not automatically terminate an existing suretyship. Nor is the creditor required to release the surety from the agreement upon a unilateral request.
However, not every suretyship is valid or unlimited in duration. The Turkish Code of Obligations (TBK) provides formal requirements and grounds for termination that protect sureties. Liability may end if the principal obligation is discharged, the suretyship term expires, the ten-year period applicable to a suretyship given by a natural person elapses or the creditor releases the surety. Specific rights also apply to future obligations and suretyships of unlimited duration.
The date of the agreement, the type of suretyship and the maximum amount of liability must therefore be established first. It is also necessary to examine whether the debt has arisen, any subsequent amendments and the security provided. The possibility of ending a suretyship depends on an assessment of all these factors rather than on a single document.
When is a suretyship agreement invalid?
A suretyship agreement must be made in writing. The surety must state the maximum amount for which they will be liable and the date of the suretyship in their own handwriting. If a joint and several suretyship (müteselsil kefalet) is to be created, that designation or wording with the same meaning must also be written in the surety's own handwriting. Merely signing a pre-printed document does not always satisfy these requirements.
In its decision dated 22.10.2025, numbered 2025/1363 E., 2025/5066 K., the 3rd Civil Chamber of the Court of Cassation (Yargıtay) held that these formalities are requirements for validity. In the agreement considered in that decision, the maximum amount, date and wording establishing the obligation had not been written in the surety's own handwriting. The Chamber upheld the ruling that the suretyship was invalid.
Merely describing a person in an agreement as a guarantor, joint debtor or party assuming the debt is not conclusive. If a natural person is in substance providing personal security for another person's debt, the protective provisions of the TBK may apply. The 3rd Civil Chamber of the Court of Cassation examined security titled an assumption of debt on this basis in its decision dated 01.07.2025, numbered 2024/2835 E., 2025/3756 K. Under Article 603 of the TBK, the Chamber found the agreement invalid because it did not satisfy the formal requirements.
When is a spouse's consent required for a suretyship?
Subject to the statutory exceptions, a married natural person requires the other spouse's written consent to provide a suretyship. Consent must be given before the suretyship is created or, at the latest, when the agreement is concluded. As a rule, subsequent approval does not cure the original deficiency. Consent is not required if there is a court-ordered separation or a statutory right to live separately.
The law provides certain exceptions for commercial activities. The owner of an enterprise registered with the trade registry and a shareholder or manager of a company may fall within a category for which spousal consent is not required when providing a suretyship relating to the enterprise or company. An exception also applies to registered tradespersons and artisans who provide suretyships relating to their professional activities. Certain subsidised loans and cooperative loans specified by law also fall within this scope.
The exception does not apply merely because the person is a company shareholder or manager. The connection between the suretyship and the company or enterprise must also be examined. Even where spousal consent is not required, the requirements concerning handwriting, the date and the maximum amount remain applicable. If the surety is a company, its authority to represent and bind the company must be examined separately. Spousal consent and the ten-year limit prescribed for natural persons do not apply to legal entities.
What is the difference between an ordinary surety and a joint and several surety?
Under an ordinary suretyship (adi kefalet), the surety's liability is secondary. Unless a statutory exception applies, the creditor must first pursue the principal debtor. The creditor may proceed directly against the surety if enforcement against the debtor has proved unsuccessful or become impossible, or in circumstances such as bankruptcy or court-supervised composition proceedings (konkordato). The status of any pledges also affects the course to be followed.
Under a joint and several suretyship, the creditor may proceed against the surety without first pursuing the principal debtor. This requires the debtor to be in default and a notice to perform to have remained ineffective, or the debtor to be manifestly insolvent. If there is a possessory pledge over movable property or a pledge of receivables, the additional statutory restrictions must also be taken into account.
Describing a person in an agreement as a joint debtor and joint and several surety does not mean that all requirements have been satisfied. It is necessary to assess who wrote the relevant wording, the true purpose of the transaction and any provisions specific to the commercial relationship. The type of suretyship directly affects the order in which the creditor may pursue the parties and the defences available to the surety.
What is the maximum extent of a surety's liability?
A surety may in all cases be held liable only up to the maximum amount stated in the agreement. This limit may cover more than the principal debt alone. The statutory consequences of the debtor's default and qualifying enforcement and litigation costs may also be included within the limit. The scope of the agreement, its interest provisions and the notices given by the creditor are decisive in this calculation.
As a rule, the surety may raise against the creditor any defences available to the principal debtor. Defences such as payment of the debt, expiry of the limitation period or invalidity of the agreement may also affect the surety's liability. Restructuring agreements, supplemental protocols and further drawdowns must be examined separately. Each new transaction does not automatically fall within the original suretyship limit.
A surety who pays the debt is subrogated to the creditor's rights to the extent of the payment and may seek recourse against the principal debtor. Before payment, however, it is important to notify the debtor and preserve the available defences. If the surety knowingly fails to invoke a valid defence available to the principal debtor, this may create difficulties when seeking recourse.
When does a suretyship end?
If the principal obligation ends through payment, release or another cause, the related suretyship also ends. Under a fixed-term suretyship, the surety is discharged at the end of the agreed term. The creditor's express release of the surety may also end liability. By contrast, a document issued solely by the principal debtor does not show that the creditor has waived its rights.
Every suretyship given by a natural person automatically expires ten years after the agreement is concluded. The period may be extended no earlier than one year before it expires, by a written declaration that complies with the formal requirements for a suretyship. The new period may likewise be no longer than ten years. In its decision dated 25.02.2026, numbered 2025/4107 E., 2026/1067 K., the 11th Civil Chamber of the Court of Cassation upheld the dismissal of enforcement proceedings initiated after the ten-year period had expired. The decision held that this period is not suspended or interrupted in the manner of an ordinary limitation period. Suretyships created before 1 July 2012 must be examined together with the transitional provisions.
Under a suretyship of unlimited duration, the surety may require the creditor to exercise its enforcement and litigation rights when the conditions in Article 601 of the TBK are met. If the creditor does not act within the statutory period, the surety may be discharged. For a future obligation, a written right of withdrawal may be exercised before the obligation arises. This requires the debtor's financial position to have deteriorated significantly or to have proved much worse than initially believed. Compensation for loss suffered by the creditor in reliance on the suretyship may also arise.
What should be done if a surety receives a demand for payment or enforcement proceedings?
When a surety receives a formal notice or payment order, the original suretyship document and all its attachments should first be examined. The handwritten sections, signatures, maximum amount, agreement date and spousal consent should be checked. Loan transactions, restructuring documents, payments, notices and security documents should also be added to the file. The date on which the ten-year period began must be determined separately.
The time limits for objecting to enforcement proceedings may be short and vary depending on the type of proceedings. A belief that the suretyship is invalid does not automatically stay the proceedings. Depending on the stage of the dispute, an objection, a negative declaratory action (menfi tespit davası) or another legal remedy may be available. The validity of the document and the amount of the debt must be assessed separately.
Frequently Asked Questions
Can a bank be asked to remove a suretyship?
Such a request may be made, but a unilateral request does not terminate an existing suretyship unless the bank or other creditor agrees. There must be a written release, discharge of the debt or one of the statutory grounds for termination.
Does a spouse's subsequent approval make a suretyship valid?
Where spousal consent is required for a suretyship, it must be given before the agreement or, at the latest, when the agreement is concluded. As a rule, subsequent approval does not cure the original deficiency.
Does the principal debt also end after ten years?
No. The ten-year rule ends the suretyship liability of a natural person. The principal debt may validly continue. Any extension of the period and the transitional rules applicable to older agreements must be examined separately.
Can a surety who pays the debt recover the money from the principal debtor?
The surety is subrogated to the creditor's rights to the extent of the amount paid and may seek recourse against the principal debtor. However, the timing of payment, notices given to the debtor and defences not invoked may affect the right of recourse.