TBK Article 584: It is invalid for a spouse to make a guarantee agreement without the written consent of the other spouse.
Scope
- Bank loan guarantee
- Commercial contract guarantee
- Rent guarantee
- All types of guarantee
How is Spousal Consent?
- Written Form is mandatory
- Approved by the Notary Public
- Complete approval of the contract
- General approval is insufficient
Conclusion of Invalidity
- The surety agreement is absolutely invalid
- The bank cannot apply to the guarantor
- Objection in enforcement proceedings
- Refund if already paid
Exceptions
- Spouse Consent may not be required if the guarantor is guarantoring the debt of his own company
- Guarantees as a natural result of professional activity
- Depends on the interpretation of the court
Supreme Court 11. HD and HGK
HGK stated that TBK art. 584 is a "mandatory provision", and that a guarantee made without the consent of the spouse can be claimed as invalid even years later.
Practical Recommendations
- Talk to your spouse before giving bail
- Do not sign if there is no spousal consent
- Check if the bank requests spousal consent
- You can file an annulment lawsuit
Family and debts law lawyer is recommended.