The contract of surety ship (guarantee) is considered one of the important contracts in practical life due to its role in enhancing the creditor's confidence, securing their rights, and providing security and reassurance to the debtor. Surety ship falls under personal guarantees, which involve the addition of another financial liability alongside the debtor's to ensure fulfillment of the obligation, as opposed to real guarantees that give the creditor priority in recovering the debt. The importance of surety ship has increased with the expansion of credit, due to its ease of establishment and low cost. To protect the weaker party in this contract—the guarantor—legislators, including the Iraqi and Egyptian lawmakers, have granted several legal defenses, such as the right to demand the prior exhaustion of the debtor’s assets, division of the debt among co-guarantors, or release from the guarantee in certain cases0In principle, surety ship is not joint unless otherwise agreed. In joint surety ship, the guarantor is treated as the principal debtor and becomes immediately liable for the debt without recourse to the debtor, placing them in a more burdensome legal position than an ordinary guarantor.Because of the prevalence of joint guarantees in daily transactions, this research will explain the effects of the relationship between the guarantor and other guarantors regarding the joint guarantee contract.
siddiq et al. (Mon,) studied this question.