TBK Article 596: The guarantor who pays the principal debt may sue the principal debtor for refund of the amount paid.
Scope of the Right of Recourse
- Principal paid
- Interest
- Collection expenses
- Resulting from the guaranty. damages
Subrogation
The guarantor takes the place of the principal creditor (TBK art. 127) in proportion to the amount paid. It can use all the guarantees related to the principal debt (mortgage, pledge, etc.).
Duration
General statute of limitations: 10 years (TBK art. 146).
Supreme Court 11. HD
11. HD accepts that the guarantor's right of recourse starts from the "payment date" and that the maturity date of the principal debt is not important.
Law of obligations lawyer is recommended.