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Surety Rights to Recourse in Independent
Collateral Suretyships
*
Assoc. Prof. H. Murat Develioglu
Introduction
Independent collateral suretyships (also known as “
auxiliary sure-
tyship
”), happens when more than one person becomes a surety for the
same obligation without prior knowledge. As these sureties are unaware
of other existing sureties, each of the sureties is responsible for the
entire obligation. Auxiliary suretyships may be established as either
simple, or joint and several suretyships
1
.
In independent collateral suretyships, it is accepted that a given
surety does not hold certain rights that are normally held by sureties in
real collateral suretyships where the sureties are aware of each other.
For instance, when an independent collateral suretyship is in ques-
tion, a surety may not claim that he/she will only pay his/her share, as
long as the creditor initiates an enforcement action against other
sureties.
Again, different from real collateral suretyships, TCC 587 I does
not apply to independent collateral suretyships; in other words, none of
the sureties shall be responsible for the other’s share in the capacity of
surety of the surety.
As a matter of course, when the sureties are unaware of each other,
TBK 587 III shall not apply. In other words, if sureties undertake a
suretyship without the knowledge of other existing or future sureties,
the surety may not be released from its debt by claiming that this
assumption was not realized, or that one of the sureties was released by
the creditor, or that the suretyship has been declared null and void.
254
NEWSLETTER 2015
*
Article of November 2015
1
Alper GÜMÜŞ
, p. 360.