Foundations and Scope of Natural Guarantee according to Jurisprudence and Law

To establish natural guarantee, the Article 745 of Civil Code includes a rule which is the same as included in the Article 740 concerning contractual guarantee, i.e. responsibility of guarantor (kafil) to produce the guaranteed (makful) or to pay his debt. In the Article 434 of Penal Code, however, the legislator has mentioned ‘obligation to deliver’, ‘imprisonment of he who has helped the escapee to escape’, and finally ‘payment of mulct. Here, the above rule is discussed in terms of its foundations and scope. Concerning scope, what is discussed includes ‘training of escape’, ‘intervention [in favor of] incapacitated’, ‘good intention’ or ‘belief in non-indebtedness’. When he who has helped the debtor to escape is forced to pay the debt, is he entitled to refer to the debtor? What is the basis of natural guarantee? Because there are various foundations such as the rule of ‘wasting’, the rule of ‘causation’, the rule of ‘no harm’, the rule of ‘responsibility about others’ properties which one has in his hands’, the scope of natural guarantee will vary. According to some foundations, the article covers responsibility of the incapacitated and his trainer as well; according to some other foundations, however, they cannot be taken as being responsible. On the other hand, that the debtor has escaped cannot be taken as a permission to repay the debt or to refer [to the debtor].