Issue 1113: If a person wishes to act as surety for someone else, it will be in order only when they tell the creditor, in any language, that they undertake the responsibility for the repayment of the debt, and the creditor expresses their agreement. The debtor’s agreement is not a necessary condition.

Issue 1114: Both the creditor and the surety must be sane adults and not compelled to do so; Nor must they be such feeble-minded people who would squander their property on futile things; the creditor must not be such a bankrupt person who has been judged by any legal authority to be forbidden to take possession of their personal property.

Issue 1115: If a surety lays down a condition, for instance, if they say, “I will repay the debt if the debtor does not pay it”, the guarantee will be valid.

Issue 1116: One, for whom a person acts as surety, should not necessarily be already in debt; therefore, it is also permissible to act as surety for a person who intends to borrow someone a sum of money.

Issue 1117: The guarantor and the creditor can lay down the condition that they may cancel the guarantee whenever they wish to do so.

Q1118: If a person acts as surety for someone’s debt and then the creditor receives a check from one of the debtor’s relatives, will the guarantor be released from obligation?

A: Regarding the fact that the person who draws the check does not act as surety and that gives the check to the creditor as a document for the debt, the guarantor will not be released from the obligation.

Q1119: Contrary to the rules and regulations of municipality, a person has built a balcony on top of their house whose wall reaches the city power cable and based on the announcement of the Power Supply Organization they have trespassed on the area of the power cables. The owner of this house rents it out to his brother-in-law once, the lessee invites the lessor and his wife to a party and the guests (the lessor and his wife) entrust their five-year old child with the lessee’s wife to go out for some hours; playing in the balcony, the child touches the power cable and dies. The lessee claims that the owner of the house is guilty in this regard, since he has acted against the rules of municipality and thus trespassed on the area of the power cables; but, having paid the penalty for the construction of the balcony to the municipality, the owner of the house believes the lessee’s wife is guilty. Regarding the fact that the child was entrusted with the lessee, who would be pleaded guilty? Would it be the owner of the house, the municipality that has not destroyed the balcony, the lessee with whom the child was entrusted, or the parents who have abdicated their responsibility for taking care of the child?

A: If the guest has entrusted their child with the lessee and the lessee has accepted to shoulder such a responsibility, the lessee will be responsible for the loss, unless they have not been careless of taking care of the child, so that the death is not due to their carelessness. The municipality will also be deemed responsible if they have abdicated their duty to destroy the balcony. Therefore, both the municipality and the lessee will be responsible for the death of the child, in the case of the former being due to the carelessness of contingency and the latter being due to the abdication of their responsibility; The mother will also be deemed responsible due to entrusting the child with others, if it is rationally and commonly taken as failing to undertake her responsibility for taking care of her child. Thus, they will all have to pay compensation for the loss in proportion to their share of responsibility and guilt.

Q1120: A person takes hold of a fragile utensil in a store to see it and it suddenly drops and breaks. Who is responsible for that?

A: If the client has not gone to the extremes to keep hold of the utensil, and if they have picked it with the permission of the owner, they will not be responsible since they are considered trustworthy and not a usurper.