What Is The Contract Of A Bailment?
The contract of a bailment is a contract in which the surety creditor undertakes to be personally responsible for the consequences of not fulfilling these debts in case the debtor does not fulfill their debts. The guarantor undertakes to take responsibility for the fulfillment of the original debt to another person’s creditor. Therefore, we can say that there are three types of relationship on bailments. The parties to the mentioned relationship can be counted as the guarantor, the main creditor and the main debtor.
Between Whom The Contract of A Bailment Is Established
The debt that the surety has committed to fulfill is the main debt. The contracts of a bailment is actually established between the guarantor and the creditor.
The principal debtor does not need to give consent or even have information about bail in order for the guarantor to be liable for the debt in question. Because the contract of a bailment does not impose any burden on the principal debtor. On the contrary, the principal borrower benefits from the bail contract.
There is no debt relationship between the surety and the debtor when the contract of a bailment is established. The guarantor fulfills their own debt, not the debt of the principal debtor at the request of the creditor. Therefore, it should be stated that the bailment is not related to the relationship between the principal debtor and the guarantor. Relationship between guarantor and principal debtor may sometimes be proxy, benevolent intervention in another’s affairs or remitment (donatio). The principal debtor may also be acting as the representative of the guarantor or creditor.
The Nature of the Guarantor’s Debt
The bailment’s debt is a dependent debt, that is, the debt of the bailment depends on the debt of the main debtor, if there is no actual debt, it is not possible to talk about the bail debt.
The actual debt must be valid since the bailment’s debt is dependent. It cannot be separated from the original debt in terms of scope and content, and the guarantor will not be able to take more responsibility than the main debtor.
As long as the actual debt is not due, it will not be mentioned that it is time to pay the bail debt. Such notifications must be made to the guarantor if the actual debt is due to be paid depending on the specific notifications made by the creditor or the debtor.
Antalya Attorney Baris Erkan Celebi and his Antalya Law Firm advise their clients in all subjects of contracts of bailments including but not limited to the carrier’s legal liability, its limits, the breaking of the limits, the carrier’s exoneration, freight insurance and reinsurance, contracts of carriage, charter agreements, a recap of the fixture, disputes arising from the bill of lading and other fields of contracts of bailments.
Whether you need legal advice, representation, or assistance with a legal matter, our law firm in Antalya is here to achieve the best possible results with a strong commitment to our clients.