Guarantor

A guarantor (kefil in Turkish) is a third party who is held liable for the same debt if the principal debtor (the renter, in a rental contract) fails to pay. Its legal basis in Turkish law is Turkish Code of Obligations art. 581 et seq. The guaranty contract is subject to a written-form validity requirement (TBK art. 583) — oral guaranty is invalid.

Turkish law recognizes two main types: (1) Ordinary guaranty — the principal debtor must be pursued first before the guarantor (TBK art. 585); (2) Joint and several guaranty — the creditor may pursue the guarantor directly (TBK art. 586). In rental contracts, joint and several guaranty is typically preferred; this must be stated explicitly in the contract.

For a guaranty to be valid, the contract must include: (a) the amount the guarantor undertakes, written in the guarantor's own handwriting (TBK art. 583); (b) the guaranty period, if any; (c) the type (ordinary/joint and several). This handwritten requirement is not satisfied merely by placing the amount in pre-printed text; the guarantor must write the amount in their own handwriting next to their signature.

Akitle's web-based signature flow may NOT fully satisfy TBK art. 583's handwritten requirement for guaranty. For this reason, Akitle recommends obtaining a separate handwritten undertaking attachment (or notarized guaranty) for guarantor-backed contracts. Details in Terms of Service § 7.