Guarantee as Mandatory Decree

In Shii jurisprudence, contractual guarantee means a contract according to which the third party (guarantor), based on the agreement of the conventee, accepts a debt of the debtor. The main impact of this contract is that the guarantor comes under debt and the main debtor becomesclean of obligations. Thus, acceptance of guarantee in important and popular cases in which, before conclusion of a contract, there is no obligation for the debtor to be transferred to the guarantor, has been objected.The present article, while discussing such cases, shows: firstly, though in the Shii jurisprudence, guarantee in its main and popular sense produces a situational decree (transfer of debt from the debtor to the guarantor); there is no objection to acceptance of guarantee as a contract whose main effect is an independent mandatory decree (i.e. obligation to payment); and it is covered by generalities of fulfillment of obligation.Secondly, in many cases wherein guarantee as a situational decree is objected, it may be accepted as a mandatory one. If this point is proved, it may be taken as a solution for some problems concerning guarantee in Civil and Trade Law; and the way will be paved for acceptance of somedifficult cases.