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8 Cards in this Set

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  • Back

Why does a creditor need security?

To protect himself against the possibilities of a debtor being unable to pay

Types of securities

Personal Security and Real Security

Personal Security

-Person binds himself contractually to perform


-The creditor obtains a mere additional personal right


-The principal debtor or the 3rd party might not be able to repay the debt

Nature of Suretyship

Surety and Co-principal debtor

Formation of suretyship contract

-Mention the identities of the parties


Define : Suretyship

Contract in terms of which a third party (surety or cosureties) binds himself/herself to the creditor for the performance of the whole or a part of the debt of another- principal debtor

Consequences of Suretyship