TBK Article 583: The surety agreement is made in written form, with consent.
Form Conditions
- Written contract
- Indication of the amount in handwriting by the guarantor
- Declaration that he/she is the guarantor
- Written consent of the spouse (TBK art.584)
Invalidity
- Lack of form = absolute invalidity
- Frequently applied in bank guarantee agreements
- Can be claimed even after years
Supreme Court 11. HD
11. HD accepts that the surety agreement is subject to "mandatory form rules".
Debts lawyer is recommended.