Jurisprudence

2331. Personal surety or security means that a person takes the responsibility for the appearance of a debtor, as and when the creditor asks for him. A person who accepts such a responsibility is called Kafil (guarantor).

2332. A personal surety will be valid only when the guarantor makes the creditor understand by words (in any language), or conduct, that he undertakes to produce the debtor in person as and when demanded by the creditor, and the creditor also accepts the arrangement. As a precaution, the debtor's consent is also necessary for the validity of such a guarantee; in fact, as a matter of precaution, both the debtor and the creditor must accept the Kafalat.

2333. It is necessary for a guarantor (Kafil) to be adult and sane, and he should not have been under any coercion or pressure, and he should be able to produce the person whose guarantor he becomes. Similarly, he should not be a feeble-minded squanderer or a bankrupt, particularly if he has to spend his wealth in order to be able to produce the debtor before the creditor.

2334. Anyone of the following five things will terminate the personal surety (bail guarantee):

1.       When the guarantor hands over the debtor to the creditor, or if the debtor himself surrenders to the creditor.

2.       When the debt of the creditor has been discharged.

3.       When the creditor himself forgives the debt, or transfers it to someone else.

4.       When the debtor or the guarantor dies.

5.       When the creditor absolves the guarantor from his personal surety.

2335. If a person forcefully releases a debtor from the hands of his creditor, and if the creditor does not have access to the debtor, the person who got the debtor released should hand him over to the creditor, or pay his debt.