The Time of Recourse of Guarantor against Debtor in Iranian and French Civil Law

In Iranian civil law, as a rule, guarantor has a right of recourse against debtor after satisfying the guaranteed debt. However, according to section 709 of civil code, the guarantor also has, under special conditions, the same right. In French civil law, under guaranty contract, the creditor has a right of recourse against each or both of guarantor and principal debtor. Of course, the guarantor may, by applying a special right, compel the creditor to recourse against the principal debtor; otherwise, the guarantor himself must satisfy the debt although he will subsequently have recourse against the debtor. Under sections 2032 and 2039 of French civil code ,the guarantor, has, in several cases, a right of recourse against the debtor even before satisfying the debt .It appears that the second portion of section 709 of Iranian civil code, has inspired from section 2039 (subsection 3) of French civil code and hence can be subject to criticism.