Inheritance of the Successor according to the Suretyship

Abstract

This article is a presentation of the court's judicial guidelines. Regarding the inheritance of the surety heirs, Because the support is a contract that the surety is not involved in that debt. Which the suretyship does not specify the suretyship requires merely written evidence unilaterally signed by the surety for purpose of enforcement. But there is an interesting issue that when the surety dies will the rights and obligations under this contract devolve on according to the law of succession, successor shall inherit both rights and duties of the deceased? In the case of the supreme court 6023/2538, there was a judgment that the heirs of the surety are not liable to this owner. But at a later date, there was a judgment of the supreme court 1268/2555 that sentenced him in a manner that the suretyship contract was not suspended because of the death of the surety. Various rights and responsibilities are therefore devolved to the heirs of the surety. In which these two supreme verdicts have the same facts. The surety died before the default debtor, But instead had a different verdict if the consideration has brought the matter of claiming documents in the attestation of the case regarding the documentary rights of the suretyship if there is no or not a document of ownership, it cannot be used as evidence in the enforcement process against the successor.