Investigating the Role of Content Satisfaction in the Contract of Guarantee from the Perspective of Imami Jurisprudence and the Iranian Legal System with an Analytical Approach from Articles 685 and 627 of the Civil Code
In the Iranian legal system, according to Article 685 and Article 627 of the Civil Code, citing the opinions of contemporary jurists, the financial obligation to pay the debt owed in the form of a guarantee contract or the payment of the debt has not ceased with the consent of the subject owed or indebted; This is while the forthcoming research, by criticizing the above-mentioned evidences, has considered the application of the word as impaired and, following the steps of Imami jurisprudence, has considered the satisfaction of the content as the condition for establishing a guarantee contract; In other words, if the donation guarantee violates human rights and imposes an obligation on the subject of the guarantee, his denial and obstruction will prevent the conclusion of the guarantee contract and will invalidate the agreement between the guarantor and the subject; As a result, we have inevitably interpreted the appearance of legal material; In this way, the application of the mentioned materials in the position of expressing the common person from paying the debt means assuming the debtor's request or not preventing and denying him; In other words, the appearance of legal materials is silent on the presumption of prohibition and denial of the debtor and the content or condition of the establishment of our contract, and in this case it is necessary to refer to the general rules and protect the mentioned human rights.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.