Attempts to perform such acts of suretyship are beyond their power, and are ultra vires. |
In the first case, the title of the contract referred to as suretyship, but the contract itself was riddled with contradictions. |
However, movable hypothecs are a form of real security, while suretyship is a form of personal security. |
There is no doubt that in a contract of guarantee parties may, if so minded, exclude any one or more of the normal incidents of suretyship. |
Legal historians identify suretyship with situations that are quite outside the modern connotations of the term. |
For instance, suretyship does not restrict immediately the right of ownership of a surety over his property. |