مفهوم عقد الكفالة المؤقتة : دراسة مقارنة

Abstract EN

The primary function performed by the various types of guarantees is to ensure the fulfillment of obligations, and it is generally a guarantee that enables the creditor to obtain his right and avoids the risk of insolvency of the potential debtor and this guarantee in fact performs an economic and social function for the creditor and the debtor together as it gives the creditor security and guarantee and the debtor trust and credit and enables him to obtain To what is needed from a loan or term.

Also, the guarantee is an auxiliary contract as it is subordinate to the original obligation in terms of its expediting, postponement, nullity and expiration.

As for the temporary guarantee, which is the subject of our discussion, even if it is a dependent contract, it ends with the expiration of its period before the end of the original commitment and the guarantor is discharged even if the original commitment is still in place.

In order to clarify the concept of a temporary bail contract, we dealt with its definition, its meaning, and its nature, and distinguishing it from suspected other legal situations.