Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

Adaptive review of the guarantee contract in civil rights whit the guarantee contract in trade rights of iran

Document Type : Research Article

Author
Master's degree in private law, Faculty of Law, Islamic Azad University, Meymeh branch. (corresponding author)
Abstract
In civil law ,a guarantee guarantees the collapse of a debtor religion and its transfer to the guarantor or cause the guarantor and the principal deptor to be liable for the payment of the religion respectively or together,but in trade law,the parties can guarantee the guarantee on the basis of the transfer of religion or solidarity or the bond of religion is complicated. Securing contract,transferring the responsibility of the subject (debtor)to the responsibility of the guarantor ,and for that purpose ,the guarantee of the contract is said that its holding needs to be accepted and accepted.acceptance by the guarantor and acceptance by the subject. In the guarantee of a contractual guarantee,contrary to the contractual guarantee,the intention of the committed person is not effective and it is the basis of guaranteeing the law.the guarantee of a contract is the effect of the contract of a commitment to pay. Exchange guarantee is a commitment to pay a certain change for a receipt.againtsan exchange guarantee,there is a real guarantee.
Keywords
Subjects

1- Jafari Langroudi, Mohammad Jafar, (2019), Laws of Obligations, Volume 1, Ganj Danesh, 5.
2- Sotoudeh, Alireza, (2019), Warranty in Iranian Law, Volume 1, Behnami, 1.
3- Shahid Thani, Zain al-Din bin Ali, (1382), Daman Sharh Lamea, Volume 1, Darul Alam, 1.
4- Ebadi, Mohammad Ali, (2009), Business Law, Volume 1, Ganj Danesh, 37.
5- Firouzabadi, Majed al-Din Abu Tahir Muhammad bin Yaqub, Al-Muhait Dictionary, Volume 1, Al-Rasalah Institute for Printing and Publishing and Distribution, Beirut, Lebanon, 1426 AH, Lebanon.
6- Katouzian, Nasser, (2007) Moin contracts, volume 4, Ganj Danesh, 10.
7- Moin, Mohammad, (2005), Farhang Moin, Volume 1, Zarin, 2.
8-IRWING.J.SCHIFFRES.J.D1974D.AMERICAN JURISPRUAENCE"SURETYSHIP"P:13.
9- PEPRE.F.E.1977 LAW AND PRACTICE RELATION REVISED THIRD EDITION LONDON. P: 225.
10- RODIERE.R. 1978 DROIT COMMERCIAL DALLOZ PARIS P:422.

  • Receive Date 05 April 2023
  • Revise Date 29 April 2023
  • Accept Date 05 May 2023