' This requirement is not present in the law of suretyship generally.

Traditionally, a distinction was made between a suretyship arrangement and that of a guaranty.

Individual Surety Bonds are the original form of suretyship.

Craufurd offers himself a surety to satisfy the parties, and his suretyship is accepted as a matter of course.

Contracts of suretyship are not uberrimae fidei.

"The General Features of Archaic European Suretyship."

Restatement of Suretyship and Guaranty, Third (1996)

The earliest known record of a contract of suretyship is a Mesopotamian tablet written around 2750 BC.

Proper performance of a party's obligation discharges not only that obligation but also any obligations accessory to it, such as contracts of suretyship and pledge.

Frankpledge, earlier known as frith-borh (literally "peace-pledge"), was a system of joint suretyship common in England throughout the Early Middle Ages.

"Celtic Suretyship, a fossilized Indo-European Institution?"

"Berrad Airechta: an Old Irish Tract on Suretyship."

The Code of Hammurabi, written around 1790 BC, was the first time suretyship was addressed in a written legal code.

The purpose behind requiring writing and signature in contracts concerning the alienation of land and suretyship is legal certainty regarding the authenticity and content of these contracts.

Related words are sponsalia, the ceremony of betrothal; sponsa, fiancée; and sponsus, both the second-declension noun meaning a husband-to-be and the fourth declension abstract meaning suretyship.

It had been argued that after assignment the liability of the original lessee became one of suretyship which was discharged following an alteration of the original contract without the consent of the guarantor.

A creditor does not, in general, owe any duty to a proposed surety to explain to the surety the effect of the proposed suretyship transaction or the effect of any security proposed to be given.

In most common law jurisdictions, a contract of suretyship is subject to the Statute of Frauds (or its equivalent local laws) and is only enforceable if recorded in writing and signed by the surety and the principal.

Restatement of Security (Division I largely superseded by the Article 9 of the Uniform Commercial Code; Division II entirely superseded by Restatement of Suretyship and Guaranty, Third)

It will be seen that all three of these matters must have a special importance when the transaction in question is one of suretyship and the wife without any recompense, except the advantage of her husband, saddles herself or her separate property with a liability for his debt or debts.

The story mirrored in the text would thus depict a custom deeply rooted in Roman society that is described by Plautus in the scene of the Menaechmi in which the tutor of the virgo or his representatives formally give a suretyship about her attitude towards a man.

Similarly, if a father guarantees the debts of his son to the bank (i.e. a contract of suretyship), and the bank elects to call upon the guarantee rather than claiming against the son directly, then if the father pays out on the guarantee, he will become subrogated to the bank's claims against the son.

The section on surety lays down the rules if a person acts as mach or surety, for example for a debt, and gives the provisions for various cases, such as where the debtor refuses to pay or denies the debt and where the surety denies the suretyship or contests the sum involved.