If the principal cannot pay the original debtor, “Give him extermination, come to me, if you can not get it,” he said “bail allegiance”, “the actual debtor without giving the execution can come to me, I’ll be ready to pay,” he is called the “bail” of the bail.
If a bail is not a clear guarantee, Because the lawkeeper protects.
The reason for the protection is clear: bail is generally an institution that is beneficial to the original debtor and the creditor, but that destroys the guarantor. Because usually a price is required for the sake of the original debtor.
It is normal for people who are economically close to each other to be guarantors. But the friendship is different for the sake of the grace of the situation is different.
The most serious problem arises in the bail of the company debt.
In the companies that are not institutionalized, the company’s major partner / partners and managers are generally vouched for by the company. Thus, the rule of gel the company is the only company with the law and the capital is responsible for its own capital / assets iyor and the partners become responsible for certain debts.
In practice, especially in bank loans, large partners and even all partners sign the loan agreements – as joint guarantor.
In this way, banks secure themselves against the possibility that the partners and executives will empty the company and not pay the loan. All right, here.
But in practice there is often another problem.
Banks want to use the signature of the guarantor as a bail signature for all loans that the debtor has received and will receive from the bank. They write the contracts accordingly and keep the accounts accordingly.
However, the guarantors, most of the time, due to a certain amount of credit debt as a guarantor and the debtor in the end of this loan debt, they assume that their own bail will be deemed to be finished, they assume.
When the debtor cannot pay the debt of the real or legal person, the banks give all the guarantors in all the loan contracts of this borrower and try to get them in a way that they will get it by squeezing them all together.
Even though the guarantors say that anlat I am not responsible for this loan, the loan I have been granted has been repaid K, it is very late until they tell the court their troubles. Bank somehow received the right-wrong way, or at least foreclosed. But the controversy between the debtor and his guarantor is transformed into an economic blood cause and a lifelong problem bundle.
Remedy: It is necessary to re-write the regulations that regulate the boundaries of bail. In addition, to keep the banks in line with this issue is necessary to audit.
For this, the main task before the Banks Association of Turkey and Turkey Participation Banks are falling Union.
But we know that we are afraid that the Unions will keep the interests of their members in this respect as in almost every issue. Then the main task falls to the Banking Regulation and Supervision Agency and its Board. Or the Grand National Assembly of Turkey.. If indeed exists and works!