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National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 564: Surety's obligation:
Subsection (2)
(1) Except as otherwise provided for in the Notwithstanding anything contained in sub-section (1), if both security and guarantee have been given for any loan or obligation, the surety shall not be liable to the extent covered by the security so provided.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 564: Surety's obligation:
Subsection (3)
(1) Except as otherwise provided for in the A contract of guarantee shall be effective immediately when the principal debtor breaches the obligation of repayment or discharging liability to the creditor, and the creditor may cause the surety to discharge such liability. Explanation: For the purposes of this Part, the term “creditor” means a person who has lent a loan, and also includes a person who is entitled to obtain any benefit from, or have any act done, by the person who is bound to repay the loan or discharge the liability.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 564: Surety's obligation:
Subsection (4)
(1) Except as otherwise provided for in the Notwithstanding anything contained in sub-section (3), the creditor shall give a notice to the principal debtor to perform the contract according to its terms and conditions before claiming the surety under the contract of guarantee for the repayment of the amount not paid or discharge of the liability not discharged according to the contract. 319
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 565: When surety is in discharge from obligation:
(1) Except as otherwise provided for in the contract, the surety shall be in discharge of his or her obligation to the following extent, in any of the following circumstances: (a) If the principal debtor so alters the terms and conditions of the contract without the surety's consent as to have substantial impact on the contract, in respect of the transactions subsequent to the alteration, (b) If a contract is concluded to discharge the principal debtor from the obligation for which the guarantee was given, (c) If the principal debtor is discharged from the obligation by an act or action of the creditor or the loan is written off, (d) If the creditor agrees to discharge the debtor from the liability by recovering a sum less than that is due or to give additional time for repaying the loan or not to institute a lawsuit, (e) If any act or action by the creditor causes an adverse impact to the surety's right to legal remedy against the principal debtor, (f) If the creditor loses, damages any security obtained by him or her from the principal debtor or returns it to the principal debtor, to the extent of the value of such security, 320 (g) To the extent to which the principal debtor has repaid the loan or discharged the obligation to the creditor according to the contract.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 565: When surety is in discharge from obligation:
Subsection (2)
(1) Except as Notwithstanding anything contained in sub-section (1), the surety shall not be deemed to be in discharge of obligation, except as otherwise provided in the contract, merely because the creditor fails to institute legal action against the surety or attempt to recover the amount to be recovered by him or her in time.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 565: When surety is in discharge from obligation:
Subsection (3)
(1) Except as If there are two or more sureties and the creditor discharges one co-surety from obligation, the other co-sureties shall not be discharged from their respective part of obligation.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 565: When surety is in discharge from obligation:
Subsection (4)
(1) Except as Notwithstanding anything contained in sub-section (3), if the part of the co-sureties' obligation cannot be separated, no cosurety shall be deemed to be in discharge of his or her obligation even though the creditor has discharged him or her from the obligation.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 565: When surety is in discharge from obligation:
Subsection (5)
(1) Except as Except as otherwise provided for in the contract, the surety shall not be in discharge of obligation under the contract of guarantee merely because there arises a dispute between the parties in relation to the contract creating the obligation for the discharge of which the contract of guarantee is made.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 566: Relation between the surety and the principal debtor:
(1) The surety shall cause the principal debtor to repay the loan or discharge the obligation according to the contract. 321
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 566: Relation between the surety and the principal debtor:
Subsection (2)
(1) The If the principal debtor has given any property or security to the surety for the guarantee given by him or her while borrowing a loan or promising the obligation, the surety shall not pledge, mortgage, sell or otherwise transfer the title to such property or security without the consent of the principal debtor.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 566: Relation between the surety and the principal debtor:
Subsection (3)
(1) The If a guarantee is given for any loan or obligation borrowed or promised for any specific purpose, the object, nature or terms and conditions of that loan or obligation shall not be altered without the consent of the surety.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 566: Relation between the surety and the principal debtor:
Subsection (4)
(1) The Notwithstanding anything contained elsewhere in this Section, if the contract otherwise provides in relation to the surety and the principal debtor, such provision shall be applicable.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 567: Surety to substitute creditor:
(1) After the surety has, on behalf of the principal debtor, repaid the loan to be repaid or discharged the obligation to be discharged to the creditor under the contract, the surety shall substitute the creditor in relation to such loan or obligation, and, as the creditor, be entitled to recover the loan from, or institute legal action against, the principal debtor.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 567: Surety to substitute creditor:
Subsection (2)
(1) After the surety has, on behalf of Notwithstanding anything contained elsewhere in this Chapter, the principal debtor shall pay to the surety the sum of loan repaid by the surety or all amounts in consideration for the obligation performed by the surety on behalf of the principal debtor, as well as interest or any other fee or amount chargeable thereon.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 567: Surety to substitute creditor:
Subsection (3)
(1) After the surety has, on behalf of If it becomes necessary to institute legal action because of the default of the principal debtor to pay the amount payable by 322 him or her under sub-section (2) or if any other expenses need to be incurred in this regard, the surety shall be entitled to recover also such expenses from the principal debtor.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 568: When contract of guarantee can be voided: In any of the
following circumstances, the surety may have the contract of guarantee voided: (a) If the guarantee is obtained by the creditor or by any other person with his or her consent by supplying misleading or false notice or information to the surety about the matter of the transaction for which the guarantee is given, (b) If the matter of guarantee, property or fact is concealed or not disclosed, (c) If the contract is concluded on the condition that a third person will also become the surety but the third person does not consent to give the guarantee.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 569: Obligation of sureties to be equal:
(1) If two or more persons give the guarantee jointly or severally for any loan or obligation and the principal debtor fails to repay the loan or discharge the obligation, the co-sureties shall repay the loan or discharge the obligation or perform the contract on an equal basis, except as otherwise provided for in the contract.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 569: Obligation of sureties to be equal:
Subsection (2)
(1) If two or more persons give If, while giving the guarantee jointly pursuant to subsection (1), the co-sureties guarantee different parts, every surety 323 shall be liable to pay or bear the obligation only to the extent of the respective part guaranteed by him or her.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 570: Continuous guarantee:
(1) A guarantee which is so given as to extend to a series of transactions shall be deemed to be a continuous guarantee.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 570: Continuous guarantee:
Subsection (2)
(1) A guarantee which is so given as to If the provision of a guarantee referred to in subsection (1) is made, the surety shall be liable to the extent of the amount of guarantee that could not be recovered in the entire period of the contract of guarantee irrespective of the number of transactions made thereunder.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 570: Continuous guarantee:
Subsection (3)
(1) A guarantee which is so given as to The surety may, by giving a notice to the creditor at least three months in advance, revoke the continuous guarantee as to the future transactions.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 570: Continuous guarantee:
Subsection (4)
(1) A guarantee which is so given as to Except as otherwise provided for in the contract, if the surety dies, the continuous guarantee shall be deemed to be ipso facto revoked.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 571: Contract of indemnity deemed to be concluded:
(1) If a contract is concluded by which one party to the contract promises to save the other from loss or damage caused to him or her by the conduct of the promisor himself or herself or by the conduct of any other person working under the direction of such a party or loss or damage caused to such a party or third party by his or her conduct, the contract shall deemed to be a contract of indemnity. 324
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 571: Contract of indemnity deemed to be concluded:
Subsection (2)
(1) If a contract If a contract referred to in sub-section (1) is concluded, the indemnity holder shall be entitled to recover as compensation all or any of the following amounts, subject to that contract: (a) The amount of indemnity specified in the contract, (b)  If any loss or damage is caused to a third person, the amount to be paid to or borne therefor, (c)  All costs paid in any suit, if any, filed or defended by him or her in connection with the contract of indemnity, (d)  The costs involved in any suit compelled to be made due to failure to pay the amounts referred to in clause (a), (b) or (c).
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 571: Contract of indemnity deemed to be concluded:
Subsection (3)
(1) If a contract Notwithstanding anything contained in sub-section (2), if the other party or third party suffers any loss or damage due to any act done by any person under the direction of such a party when such an act is done knowingly or recklessly by that person, with the intention of causing such loss or damage, such a person shall personally be liable for such loss or damage.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 572: Provisions relating to subrogation:
(1) If any person concludes a contract with another person against any possible loss or damage that could be caused by a third person to his or her property, facility or right enjoyed by him or her or benefit that could result from his or her business, the person concluding such a contract shall be liable for such loss or damage irrespective of the person causing such loss or damage. 325 Provided that if a contract is concluded to recover such loss or damage from any other person, it shall be recovered from such other person.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 572: Provisions relating to subrogation:
Subsection (2)
(1) If any person concludes a The amount or compensation, if any, specified in the contract for any loss or damage suffered pursuant to sub-section (1) and a reasonable amount or compensation, failing such specification, shall be paid, or caused to be paid, immediately to the person affected by the loss or damage or to his or her successor if he or she is dead.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 572: Provisions relating to subrogation:
Subsection (3)
(1) If any person concludes a If any loss or damage is suffered pursuant to subsection (1), the person paying the amount or compensation referred to in sub-section (2) shall be deemed to have subrogated the person who has sustained such loss or damage, and accordingly, the subrogator shall be entitled to the recovery of the amount or compensation for such loss or damage from the person causing such loss or damage.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 573: Rights of subrogator: The rights and obligation of the subrogator
shall be as specified in the contract, and, failing such specification, shall be as follows: (a) All the rights, under the contract, of the person who has sustained the loss or damage shall devolve on the subrogator, (b) The subrogator under clause (a) may recover from the person who has caused the loss or damage, or from the party to a contract concluded in that respect, if any, the 326 amount or reasonable compensation paid by him or her to the person who has suffered the loss or damage, as well as the costs incurred in having recourse to legal remedies, if any.
National Civil Code 2017
Part-5
Chapter-7: Provisions Relating to Contracts of Guarantee
Section 574: Statute of limitation: A person who is aggrieved from any act
done or action taken under this Chapter may file a lawsuit within two years after the date of the accrual of the cause of action. 327
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 575: Contract of bailment:
(1) If a person so delivers any goods to another person that the goods shall be returned to him or her or handed over or sold to any other person according his or her direction, a contract of bailment shall be deemed to have been concluded. Explanation: For the purposes of this Chapter, the term “goods” means any movable property and right in such property, other than currency in circulation.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 575: Contract of bailment:
Subsection (2)
(1) If a person so delivers any goods to In concluding a contract pursuant to sub-section (1), a deed shall be executed while bailing any property the price of which exceeds twenty-five thousand rupees.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 576: Bailment deemed to be completed:
(1) The process of bailment shall be deemed to be completed once the bailee takes the delivery of the goods under bailment.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 576: Bailment deemed to be completed:
Subsection (2)
(1) The process of bailment If any person or any one authorized by him or her has already taken any goods in custody or possession, such goods shall be deemed to have been held as bailment.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 577: To disclose faults in goods bailed:
(1) The bailor shall disclose to the bailee any fault in the goods bailed of which the bailor is aware and which interferes with the use of them or can cause any loss or damage to the bailee or warrants separate provision or arrangement for their protection.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 577: To disclose faults in goods bailed:
Subsection (2)
(1) The bailor shall disclose to If the bailor does not make such disclosure knowingly as required to be made pursuant to sub-section (1), to the bailee the 328 bailor shall be liable for any loss or damage arising from such goods or such non-disclosure.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 577: To disclose faults in goods bailed:
Subsection (3)
(1) The bailor shall disclose to Notwithstanding anything contained in sub-section (2), if the goods are bailed for hire, the bailor shall be responsible for any loss or damage resulted from any faults in such goods even if the bailor was not aware of the existence of such faults in such goods.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 578: Obligations of bailee:
(1) The bailee shall, take care of (herbichar)  and protect the goods bailed to him or her in accordance with the terms and conditions specified in the contract and, reasonable care of goods, as his or her own in the absence of such terms and conditions.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 578: Obligations of bailee:
Subsection (2)
(1) The bailee shall, take care of Except as otherwise provided for in the contract, if any goods bailed are lost, stolen, damaged, depreciated, deteriorated or destroyed because of a disaster in spite of the reasonable care and protection pursuant to sub-section (1), the bailee shall not be liable to return such goods. Provided that if the goods are lost, stolen, damaged, depreciated, deteriorated or destroyed because of recklessness or mala fide intention of the bailee or of his or her failure to take care of or protect the goods according to the terms and conditions of the contract, the bailee shall be liable to return the goods or pay an amount equivalent to the price thereof to the bailor.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 578: Obligations of bailee:
Subsection (3)
(1) The bailee shall, take care of If the bailee uses the bailed goods without authorization to do so under, or in a manner contrary to the terms and conditions of, the contract, the bailee shall pay compensation to 329 the bailor for any damage, loss, destruction or deterioration arising to the goods from such use.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 578: Obligations of bailee:
Subsection (4)
(1) The bailee shall, take care of Except as otherwise provided for in the contract, the bailee shall not mix the bailor's goods with his or her own goods. Provided that if the bailee, with the consent of the bailor, mixes the goods of the bailor with his or her own goods, both parties shall have an interest, in proportion to their respective share, in the mixture thus produced and income accrued therefrom.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 578: Obligations of bailee:
Subsection (5)
(1) The bailee shall, take care of If the bailee, without consent of the bailor, mixes the goods of the bailor with his or her own goods, and the goods so mixed can be separated, the title of the property in goods shall remain in the parties respectively, but the bailee shall be bound to bear the expenses for separation and the damage, if any, arising to the bailor from the mixture.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 578: Obligations of bailee:
Subsection (6)
(1) The bailee shall, take care of If the bailee, without consent of the bailor, mixes the goods of the bailor with his or her own goods, and the goods so mixed cannot be separated pursuant to sub-section (5), the bailor shall have right in such goods.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 579: To return bailed goods:
(1) The bailee shall return the bailed goods to the bailor after the expiry of the period specified at the time of bailment of the goods or after the accomplishment of the purpose for which the goods were bailed.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 579: To return bailed goods:
Subsection (2)
(1) The bailee shall return the bailed If the bailee does not return the goods within the period specified for retuning them pursuant to sub-section (1) or within a reasonable period according to the nature of the goods failing such specified period or if the bailor refuses to take the goods back 330 within such a period and if the goods are lost, stolen, damaged, destroyed or deteriorated or any loss or damage is caused to the bailor due to such goods from that date, the respective party shall be liable for the loss or damage arising from his or her own default.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 579: To return bailed goods:
Subsection (3)
(1) The bailee shall return the bailed Except as otherwise provided for in the contract, in the case of bailment of the goods owned by more than one person, the bailee may return the goods to any one of the joint owners, or to the person assigned by them, and if the goods are so returned, the goods shall be deemed to have been duly returned.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 579: To return bailed goods:
Subsection (4)
(1) The bailee shall return the bailed If the bailee does not hold the goods bailed to him or her in accordance with the terms and conditions of the contract, the bailor may take back the goods at any time.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 579: To return bailed goods:
Subsection (5)
(1) The bailee shall return the bailed Except as otherwise provided for in the contract, the goods increased or earned from the bailed goods, shall also belong to the bailor.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 580: Bailor to be liable for other's goods bailed: If the bailor bails any
goods in which he or she has no title, right or ownership to the bailee and the bailee is compelled to bear any claim or loss or damage to a third party from such bailment or bear any costs in relation to the bailment, the bailor shall also be liable to pay such costs.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 581: Goods given for repair and maintenance to be returned:
(1) If any goods are delivered to a person for their repair, improvement or renovation in any manner, the person shall repair, improve and renovate those goods and return them to the concerned owner, upon charging the costs or service charge for such repair, improvement or 331 renovation within the period specified in the contract. If the goods are not so returned within the specified period or any additional loss or damage is caused to the goods or the goods are so damaged as to be unusable in the course of their repair, improvement or renovation, that person shall be liable to pay the compensation specified in the contract and, failing such provision, a reasonable compensation to the concerned owner.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 581: Goods given for repair and maintenance to be returned:
Subsection (2)
(1) If Notwithstanding anything contained in sub-section (1), the person who repairs, improves or renovates the goods shall have the right to retain them until the payment of the costs incurred in the repair, improvement or renovation of such goods or the service charge if paid, and if such costs or service fee are not paid within a reasonable period, that person may recover the costs or service fee by selling the goods.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 582: Costs incurred in taking care of (herbichar)  bailed goods
Except as otherwise provided for in the contract, the bailor shall bear the expenses incurred in the bailment of goods and in the care or security of the bailed goods.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 583: Contract of bailment to be void: If it is proved that any goods are
bailed with the intention of disentitling partition share, abstaining from paying any payable government fee or amount payable to any one or for any other illegal purpose, such a contract of bailment shall be void.
National Civil Code 2017
Part-5
Chapter-8: Provisions Relating to Contracts of Bailment
Section 584: Statute of limitation: A person who is aggrieved from an act done
or action taken under this Chapter may make a lawsuit within two years after the date of the accrual of the cause of action. 332
National Civil Code 2017
Part-5
Chapter-9: Provisions Relating to Collateral or Deposit
Section 585: Contract of pledge or deposit deemed to be made:
(1) If a person takes delivery of goods as security for payment of a debt lent to another person, a contract of collateral is deemed to have been concluded and if a person takes delivery of goods as a security for the performance of a promise by another person, a contract of deposit shall be deemed to have been concluded. Explanation: For the purposes of this Chapter, the term “goods” means any property and includes title to or an instrument establishing title to that property.
National Civil Code 2017
Part-5
Chapter-9: Provisions Relating to Collateral or Deposit
Section 585: Contract of pledge or deposit deemed to be made:
Subsection (2)
(1) If a person A contract of collateral or deposit may be made pursuant to sub-section (1) in relation to the debt for the payment of which security is taken and interest of the debt, and if a deposit is taken as a security for the performance of a promise, other expenses related to that promise and expenses incurred in the care of (herchaha)collateraled or deposited goods.
National Civil Code 2017
Part-5
Chapter-9: Provisions Relating to Collateral or Deposit
Section 586: To return goods collateraled or deposited:
(1) Except as otherwise provided for in the contract, after the payment of the debt for which the collater has been taken or after the performance of the promise for which person deposit has been taken shall be returned to the concerned.
National Civil Code 2017
Part-5
Chapter-9: Provisions Relating to Collateral or Deposit
Section 586: To return goods collateraled or deposited:
Subsection (2)
(1) Except as If the collateral or deposit taken under sub-section (1) is or may be divided into different parts, the collateral or deposit may be returned to the extent covered by the respective portion of the debt repaid or the promise performed. 333
National Civil Code 2017
Part-5
Chapter-9: Provisions Relating to Collateral or Deposit
Section 587: Rights of the person who obtains collateral or deposit:
(1) If a debt has been taken having pledged any goods as a collateral for its payment and makes a default in payment of the debt or interest of the debt, if any, within the specified period, the person who has taken the collateral may initiate the right to take legal action to recover the debt in accordance with law, by selling or auctioning the collateral so given at the prevailing market price or transfer the ownership of such security in his or her name subject to law, if such sale or auction cannot be made.
National Civil Code 2017
Part-5
Chapter-9: Provisions Relating to Collateral or Deposit
Section 587: Rights of the person who obtains collateral or deposit:
Subsection (2)
(1) If a If the goods pledged as collateral are sold at a price lesser than the amount recoverable by the person who has taken the collateral from the borrower under sub-section (1), such a person shall be entitled to recover the shortfall amount from the other assets of the borrower, and the collateral is sold at a price higher than the amount to be recovered, the excess amount shall be returned to the borrower.
National Civil Code 2017
Part-5
Chapter-9: Provisions Relating to Collateral or Deposit
Section 587: Rights of the person who obtains collateral or deposit:
Subsection (3)
(1) If a Notwithstanding anything containing in sub-sections
National Civil Code 2017
Part-5
Chapter-9: Provisions Relating to Collateral or Deposit
Section 587: Rights of the person who obtains collateral or deposit:
Subsection (1)
(1) If a and (2), the person who has given the goods as collateral may take back his or her goods at any time by paying the debt and interest thereon and other amounts, if any, due and payable prior to the sale of the pledged goods or the transfer of ownership thereof. Provided that the person who has given the collateral shall also be liable to bear additional liability arising to the goods pledged from his or her failure to pay the amount within the specified period.
National Civil Code 2017
Part-5
Chapter-9: Provisions Relating to Collateral or Deposit
Section 587: Rights of the person who obtains collateral or deposit:
Subsection (4)
(1) If a If a deposit is taken as a security for the performance of a promise and the promise is not performed or completed within 334 the specified time, the goods pledged as deposit may be used for the performance of the promise or the expenses incurred in such performance may be recovered from such goods.
National Civil Code 2017
Part-5
Chapter-9: Provisions Relating to Collateral or Deposit
Section 587: Rights of the person who obtains collateral or deposit:
Subsection (5)
(1) If a If the promise cannot be performed from the goods pledged as deposit, such shortfall amount may be recovered from the other assets of the borrower.
National Civil Code 2017
Part-5
Chapter-9: Provisions Relating to Collateral or Deposit
Section 588: Consequences of pledge or deposit of goods by non-owner:
(1) If anyone borrows a debt or enters into a promise by pledging to the creditor any goods in which the he or she has no right or ownership or which has been obtained under a contract which is void under this Part and the pledgee does not know that fact, the pledgee shall have the right to demand the borrower giving such a collateral or deposit to give collateral or deposit of the goods owned by him or her equal to that amount, and if the he or she fails to give the collateral or deposit so demanded, the pledgee shall have the right to get the contract voided.
National Civil Code 2017
Part-5
Chapter-9: Provisions Relating to Collateral or Deposit
Section 588: Consequences of pledge or deposit of goods by non-owner:
Subsection (2)
(1) If If any goods obtained under a void contract are pledged as a collateral or deposit and the contract has already become void before giving such collateral or deposit or the pledgee had the knowledge that the goods pledged as the collateral or deposit did not belong to the pledger, the pledgee shall have no right in such goods and may recover the amount to be recovered by him or her or have the promise performed from other goods belonging to the pledger.
National Civil Code 2017
Part-5
Chapter-9: Provisions Relating to Collateral or Deposit
Section 588: Consequences of pledge or deposit of goods by non-owner:
Subsection (3)
(1) If If the pledger has a partial or limited title to, or ownership of, the goods pledged as the collateral or deposit, the 335 pledgee also shall have right and title to such goods to that extent only.
National Civil Code 2017
Part-5
Chapter-9: Provisions Relating to Collateral or Deposit
Section 589: Creditors to be on equal footing (pari pasu):
(1) If a person has borrowed debt from two or more creditors at a time or several times by pledging any of his or her goods as a collateral and the goods so pledged as the collateral are not sufficient to pay the debt of all the creditors, except as otherwise provided for in the contract, all the creditors who have taken the goods as collateral shall be deemed to be in pari pasu in respect of the debt outstanding and shall have the right to make a proportionate claim on the goods accordingly.
National Civil Code 2017
Part-5
Chapter-9: Provisions Relating to Collateral or Deposit
Section 589: Creditors to be on equal footing (pari pasu):
Subsection (2)
(1) If a person has A contract entered into giving priority right in the future to a creditor on the goods already pledged as collateral pursuant to sub-section (1) shall be void. If a creditor has already recovered his or her debt from such a collateral before the contract becomes void in spite of knowing that there are also other creditors in respect of the security, such a creditor shall return the amount to other creditors and recover his or her debt from other assets of the pledger.
National Civil Code 2017
Part-5
Chapter-9: Provisions Relating to Collateral or Deposit
Section 590: Statute of limitation: A person who is aggrieved from any act
done or action taken under this Chapter may make a lawsuit within two years after the date of the accrual of the cause of action. 336
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 591: Contract of agency deemed to be made: Any person may appoint
any other person as his or her agent to do any act on his or her behalf, except on the matter of his or her personal ability, to conduct business as his or her agent or carry on any transaction with a third person on his or her behalf or to represent him or her to such a person or to establish any type of legal relation with the person appointing an agent (the principal) and a third person, and if an agent is so appointed, a contract of agency shall be deemed to have been concluded.
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 592: Recognition of transaction carried out by agent:
(1) Whatever a person can do on his or her own, the person may get the same done, or cause to be done, through an agent, subject to the law. Provided that no act may be done through an agent for which one has to be present in person.
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 592: Recognition of transaction carried out by agent:
Subsection (2)
(1) Whatever a A contract concluded through an agent appointed pursuant to Section 591 or act done by the agent shall be deemed to have been carried out by the concerned person and the obligation arising out of such an act shall be performed as if the contract were concluded or act done by the principal. Provided that if the agent has done any act beyond his or her authority, the principal shall not be liable for such an act other than that accepted by him or her. 337
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 592: Recognition of transaction carried out by agent:
Subsection (3)
(1) Whatever a Notwithstanding anything contained in sub-section (1), if, out of the acts done beyond authority, some acts are within his or her authority and some are beyond it and the part done within his or her authority can be separated, the principal shall be liable to the extent of the acts done within authority.
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 593: Power to appoint sub-agent:
(1) If it is necessary to appoint a subagent according to the nature of any trade, business or transaction or a sub-agent may be appointed having regard to the provision of the contract or usage of the contract of agency, the agent may, except as otherwise provided for in the contract, appoint a subagent with the consent of the principal. Provided that an agent who has been appointed on the condition that he or she shall represent or do any act personally may not appoint a sub-agent.
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 593: Power to appoint sub-agent:
Subsection (2)
(1) If it is necessary to appoint a subagent according to the nature of any trade, business or transaction If a sub-agent is appointed pursuant to sub-section (1), the agent shall give information thereof to the principal, and the rights and obligations of the sub-agent so appointed shall be the same as that of the agent appointed by the principal.
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 593: Power to appoint sub-agent:
Subsection (3)
(1) If it is necessary to appoint a subagent according to the nature of any trade, business or transaction If an agent appoints a sub-agent without the consent of the principal, the principal shall not be liable for any act done or action taken by the sub-agent.
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 593: Power to appoint sub-agent:
Subsection (4)
(1) If it is necessary to appoint a subagent according to the nature of any trade, business or transaction The agent appointing the sub-agent shall be personally liable for the acts referred to in sub-section (3). 338
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 594: matters to be complied with by agent:
(1) Except as otherwise provided for in the contract, an agent shall comply with the following matters: (a) To act subject to the terms and conditions of the contract of agency and the directions given by the principal, (b) In the absence of any terms and conditions in the contract or any direction given by the principal, to do the business of agency in good faith, with full diligence and necessary care and skill, accordance to the nature of the act and business assigned to him or her and the laws and usages of the place of transaction, Provided that if, at the time of the conclusion of the contract, the principal was aware that the agent has no efficiency or capacity in relation to any matter, the agent shall not be liable for any loss or damage resulting from such inefficiency or incapacity of him or her. (c) On the removal from an agent, not to do any act as usual in the capacity of an agent on the same business. (d) To render or show the details of accounts and records of the agency business to the principal at the time of demand, (e) In the case of any obstruction, obstacle or difficulty arising in the course of business of the agency, to 339 notify the principal as soon as possible and obtain necessary directions, and the principal shall be liable for any act done according to the direction so given.
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 594: matters to be complied with by agent:
Subsection (2)
(1) Except as otherwise If the principal suffers any loss or damage because of the failure of the agent to perform his or her duties under clauses (a), (b) and (c) of sub-section (1), the agent shall personally bear such loss or damage.
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 595: Agent to be responsible:
(1) Except as otherwise provided for in the contract, the agent shall, in any of the following circumstances, be personally liable for the transaction done by him or her on behalf of the principal: (a) If the agent concludes a contract with a third party in relation to any transaction with provision for personal responsibility, (b) If any act is done for or on behalf of an undisclosed principal and such a principal is not disclosed, (c) If the principal cannot be sued for any reason, (d)  If the contract is concluded in his or her own name, (e)  If any act is done beyond the scope of the contract of agency or authority, (f)  If any misrepresentation or fraud is committed in the course of the transaction, (g)  If the agent is required to be liable personally according to the nature of the trade, 340 (h)  If the interest of the agent is also involved in the transaction.
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 595: Agent to be responsible:
Subsection (2)
(1) Except as otherwise provided for in Except as otherwise provided for in the contract between the agent and a third person, nothing shall be deemed to bar the making of any claim by the third person against the principal merely by the reason that the agent is personally liable pursuant to sub-section (1), and legal action may also be taken against the principal for a sum not recovered from the agent.
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 595: Agent to be responsible:
Subsection (3)
(1) Except as otherwise provided for in For the purposes of taking a legal action against the principal pursuant to sub-section (2), the statute of limitation shall be deemed to commence from the date of the last payment made by the agent.
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 596: Principal to be liable when leading to believe that act is done
with authority: (1) If the principal gives information to a third party that he or she has given authority to another person to act on his or her behalf or leads the third party to so believe, the principal shall be liable for any act done by the agent on his or her behalf unless the third party has come to know or has reasonable ground to know that the authority has not been so given.
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 596: Principal to be liable when leading to believe that act is done
Subsection (2)
In the cases referred to in sub-section (1), the principal may be liable even for the act done by the agent beyond the authority if there is a reasonable ground for the third party to believe that the agent has authority. 341
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 597: Termination of agency:
(1) Except as otherwise provided for in the contract, the agency shall be deemed to be terminated ipso facto, in any of the following circumstances: (a) If the agent voluntarily renounces the agency and gives a notice thereof to the principal, (b) If the principal revokes the authority given to the agency or the contract of agency or gives a notice to the agent on the impossibility of performance of the contract, (c) If the agent is appointed for any specific business and that business is completed, (d) If the agent is appointed for a specific period and that period expires, (e) If the principal or the agent dies or becomes of unsound mind, (f) If the principal is declared to be insolvent, (g) If the matter for which the agent is appointed no longer exists, (h) If an agent is appointed by a body corporate and such a body is liquidated or dissolved.
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 597: Termination of agency:
Subsection (2)
(1) Except as otherwise provided for in The principal may revoke any or whole of the authority given to the agent at any time before the agent exercises the authority, and if the authority is so revoked, the principal shall immediately give a notice thereof to the agent. 342 Provided that if the agent has already exercised some of such authority, the authority shall not be deemed to have been revoked in relation to the act already done in exercise of the authority
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 597: Termination of agency:
Subsection (3)
(1) Except as otherwise provided for in Notwithstanding anything contained elsewhere in this Section, if the agent also has a share in the property connected with the main business of the agency, the agent may not be removed in such manner as to be prejudicial to such share.
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 598: Agent may not be removed:
(1) Except as otherwise provided in the contract, if an agent is appointed for any specific period or act, the principal shall not remove the agent before the expiry of that period or before the completion of that act, except for a reasonable and sufficient reason.
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 598: Agent may not be removed:
Subsection (2)
(1) Except as otherwise provided in An agent who is appointed without specifying any certain period or act shall not be removed without giving a prior notice along with an appropriate reason.
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 598: Agent may not be removed:
Subsection (3)
(1) Except as otherwise provided in If the principal removes the agent in contravention of sub-section (1) or (2), the principal shall pay a reasonable compensation to the agent.
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 599: Renunciation
of agency by agent not allowed:
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 599: Renunciation
Subsection (1)
Notwithstanding anything contained elsewhere in this Chapter, except as otherwise provided for in the contract, an agent appointed for a specific period or act shall not renounce the agency before the expiry of, or completion of, such period or act, except for a reasonable and sufficient reason. 343
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 599: Renunciation
Subsection (2)
Any agent appointed without specifying any period or act under sub-section (1) shall not renounce the agency without giving a prior notice along with the reason for such renunciation to the principal.
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 599: Renunciation
Subsection (3)
If any agent renounces the agency in contravention of sub-section (1) or (2), the principal may claim a reasonable compensation.
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 600: Removal of sub-agent together with agent: If an agent ceases to
exist under this Part, the sub-agent appointed by him or her shall also be deemed to have, ipso facto, been removed.
National Civil Code 2017
Part-5
Chapter-10: Provisions Relating to Contracts of Agency
Section 601: Statute of limitation: A person who is aggrieved form any act
done or action taken under this Chapter may make a lawsuit within two years after the date of accrual of the cause of action. 344
National Civil Code 2017
Part-5
Chapter-11: Provisions Relating to Contracts for Carriage of Goods
Section 602: Contract for carriage of goods deemed to be made:
(1) If a contract is concluded for the carriage of any goods from one place to another, a contract for the carriage of goods shall be deemed to have been concluded.