Document Type : Original Article
Authors
1
PhD Student, Department of Jurisprudence and Fundamentals of Islamic Law, Ramhormoz Branch, Islamic Azad University, Ramhormoz, Iran
2
Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Ramhormoz Branch, Islamic Azad University, Ramhormoz, Iran
3
Professor, Department of Jurisprudence and Fundamentals of Islamic Law, University of Tehran, Tehran, Iran
10.30510/psi.2022.337433.3342
Abstract
In transactions, individuals use collateral to secure their rights, one of which is the guarantee contract, which is used in almost all societies. Both Islamic and common law systems This legal institution has dealt with and determined the works according to their legal principles. In Iranian jurisprudence and law, the necessity of applying a guarantee contract is to be a carrier of dhimma, during which dhimma is the subject of annihilation and dhimma is engaged to the guarantor against the content of crushing. In this case, with the conclusion of the contract, the obligation of the subject has not been removed, but the obligation of the guarantor, along with the subject of the opposition in front of the content of the crusade, is engaged in seeking him. He examined the effect of the contract, one is the relationship that we establish between the guarantor and the subject of the contract, the other is the relationship that arises between the guarantor and the subject of the contract, and finally the relationship that we establish between the subject of the contract and the subject of the contract. In the common law system, the effect of the guarantee contract is liability to liability, but in some issues arising from this contract, such as the passage of time, there is no consensus on the guarantee contract and a single procedure for this contract, such as Scotland. It has a different approach to the UK, Wales, Ireland, the Republic of Ireland and the United States
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