A remarkable judicial decision was signed in Gaziantep. The request of the bank, which wanted to collect the 2.5 million lira loan that was not paid in the city from the 2 workers who were guarantors, was not accepted by the court on the grounds that ‘consent on bail’ was not received.
The owners of an import and export company in the city could not pay the 2 million 500 thousand lira bank loan, which they used with the bail of 2 workers, on the grounds that their “business was broken”.
According to the news of AA, the bank applied to the court to collect the debt from the company officials and 2 workers who are guarantors. In the case filed at the 1st Commercial Court of First Instance, the decision was made after the trial.
“Spouse’s consent is not a complementary element, but an element of validity,” in the decision stated, “In other words, the consent of the spouse is absolutely necessary for the bail contract to be established. Otherwise, the bail contract will be invalid. Because consent limits the spouse’s capacity to be a surety, and the sanction for the absence of consent is final. For this reason, it has been decided to dismiss the case for the workers due to the absence of a valid bail. ” assessment took place.
Regarding the company’s powers, the court decided to partially accept the bank request and pay the loan with interest. Abdulkadir Akıllar, the workers’ lawyer, claimed in his statement that 2 workers were the guarantors of the company’s bank loan due to the pressure of the employers.
Akillilar said that when the company could not pay the loan, a lien was initiated against the workers. Pointing out that the bail agreement was made without consent, Akıllar continued as follows: “The bail agreements they had taken with the pressure of the employer on time had made the workers’ family and their homes break up. With the decision, they got rid of these problems. He put forth the importance of the fact that the spouses should not engage in such big debt-bail business, unaware of each other. ”
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