A Feasibility Study of Guarantee of Material Property (Material Things) in Iranian Jurisprudence and Law

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SALEHI MAZANDARANI MOHAMMAD

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Journal Paper

Paper Information

Journal: FIQH Year:2021 | Volume:28 | Issue:2 (106) Page(s): 110-135

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Information Journal Paper

Title

A Feasibility Study of Guarantee of Material Property (Material Things) in Iranian Jurisprudence and Law

Author(s)

SALEHI MAZANDARANI MOHAMMAD | Issue Writer Certificate

Keywords

Guarantee

material property

responsibility

liability

religion

Abstract

A Guarantee contract is defined in Article 684 of the Civil Code as Guaranteeing the debt of another person and according to Article 698, the Guarantee causes the transfer of liability. In addition, according to Article 691, a religious Guarantee for which the cause has not yet been clarified is void. It is stated from the abovementioned articles that according to the legislator, the subject of the contract should be transferable to another person, which means that it must be general. As a result, it is not possible to Guarantee a contract in the realm of material property due to its externality and partiality, as well as its irrevocability. The terms of the Civil Code are ambiguous in this regard, because on the one hand, it has chosen to transfer the liability and on the other hand, in Article 697, it has accepted the Guarantee of responsibility, part of which is the Guarantee of rejection of the material property. There is no common law that is decisive in the dispute, the dispute in jurisprudence has not been resolved, and the religious texts have not written anything about it. However, according to Article 167 of the Constitution of Iran, the ruling on the issue must be determined based on jurisprudential criteria. Therefore, the issue of the present study is whether, according to the rules of jurisprudential-legal principles, it is possible to Guarantee a contract of Guaranteed property. That is, whether there is a possibility of development in the concept of Guarantee or not. The conclusion is that based on the jurisprudential-legal rules and principles, it is not necessary that the subject of the Guarantee of the contract be general, so there is no problem to Guarantee the material property.

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APA: Copy

SALEHI MAZANDARANI, MOHAMMAD. (2021). A Feasibility Study of Guarantee of Material Property (Material Things) in Iranian Jurisprudence and Law. FIQH, 28(2 (106) ), 110-135. SID. https://sid.ir/paper/384452/en

Vancouver: Copy

SALEHI MAZANDARANI MOHAMMAD. A Feasibility Study of Guarantee of Material Property (Material Things) in Iranian Jurisprudence and Law. FIQH[Internet]. 2021;28(2 (106) ):110-135. Available from: https://sid.ir/paper/384452/en

IEEE: Copy

MOHAMMAD SALEHI MAZANDARANI, “A Feasibility Study of Guarantee of Material Property (Material Things) in Iranian Jurisprudence and Law,” FIQH, vol. 28, no. 2 (106) , pp. 110–135, 2021, [Online]. Available: https://sid.ir/paper/384452/en

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