This research studies the legal nature of the bank guarantee by library research method. This research aims to answer the main question as to what the nature of the bank guarantee is and how this nature affects jurisprudential rulings. The effect of the features the bank guarantee in Uniform Customs and Practice for Documentary Credits and bank GUARANTEES (UCP 600) and (URDG 758), like independence from the basic contract and genuineness of the documents characterized by a jurisprudential nature and its special jurisprudential nature are investigated in this study. The hypothesis of this research is the interpretation of the legal nature of the bank guarantee in the form of a non-binding guarantee. According to the hypothesis of non-conforming after the bankruptcy of the bank, the beneficiaries are not considered part of the bank. The application of the bank guarantee to the warranty contract is faced with the problem of a guarantee which has not yet been established and proven. The legal nature of the bank's fees in the guarantee is a substitute in the contract, and the rent do not apply to it. The legal nature of the bank's fees in the guarantee is a substitute in the contract, and the rent and ju'alah (commitment in granting a determined reward) do not apply to it. The bank referring to the pledging individual, in case the agreement is implemented, will be in accordance with the terms, otherwise it will be on the basis of the guarantee.

Objective The issue of financing is a significant management topic for entities, with objectives including investment, profitability, risk reduction, and meeting the company's financial needs. Debt contracts are crucial financial resources for companies. Iranian companies typically use bank facilities or issue debt securities to outsource financing. Since financial statements are an important source of information for providers of financial resources, this research aims to examine the relationship between earnings quality and financing through bank facilities and debt securities and to compare these methods. Additionally, the research investigates the effect of the type of guarantee (bank GUARANTEES compared to other types of GUARANTEES) on the extent of companies' access to resources from issuing debt securities in the capital market. Methods The statistical population of this research is the companies listed on the Tehran Securities Exchange and Iran Fara Bourse from 2011 to 2022. To test the first, second, and fourth hypotheses of the research, multiple linear regression was used, and Kramer’s Z test was used to test the third hypothesis. Results The results of the research showed that there is a significant positive relationship between the earnings quality and receiving bank facilities and issuing debt securities in the capital market. As a result, by increasing the quality of accounting information and especially earnings quality, the company's access to financial resources from the providers of financial resources increases. Conclusion Therefore, company managers are advised to improve the quality of financial reporting and earnings quality to enhance their access to bank financial resources and the issuance of debt securities. Also, the results of Kramer’s Z test showed that the relationship between earnings quality and issuing debt securities is stronger than the relationship between earnings quality and receiving bank facilities. Therefore, it is recommended that the managers of companies who plan to finance through debt securities should focus on improving their financial reporting and earnings quality. This is because the Securities and Exchange Organization places considerable importance on the audited financial statements and the earnings quality at the time of granting the license to issue debt securities. In addition, the results showed that the type of guarantee (use of bank GUARANTEES compared to other GUARANTEES) enhances companies' access to financial resources by issuing debt securities. Therefore, it is recommended that the companies use bank GUARANTEES when issuing debt securities if they have access to banks as guarantors, taking into account the final cost of the debt under these conditions. This is because, based on the results of this research, if bank GUARANTEES are used, the possibility of companies accessing resources from the issuance of debt securities increases.

Overdue claims resulting from the lending process can pose a significant credit risk to financial institutions. To mitigate this risk, institutions often acquire GUARANTEES. However, borrowers may encounter challenges when providing adequate and valid GUARANTEES, particularly GUARANTEES with lower risk. The present research focused on loan credit risk, borrower utility, and liquidity risk of GUARANTEES within a private fund. First, data mining and classification methods were applied to a dataset of loans. The random forest algorithm, with a prediction accuracy of 0.986, was found to be optimal for constructing a GUARANTEES composition model. The GUARANTEES composition involves using multiple types of GUARANTEES to secure a loan. Two models were established to generate guarantee compositions with a maximum default rate of 10%. In testing scenarios, the average risk of total default for acceptable combinations stands at 3.94%, a significant improvement compared to the fund loans’ overall default rate of 6.3%. Furthermore, the proposed model increases borrower utility from 4.22 to 4.6, not only reducing the default rate but also enhancing borrower utility.IntroductionWhen providing loans to customers, banks require GUARANTEES due to insufficient knowledge of customers and the default risk. Obtaining GUARANTEES from borrowers is recognized as a solution to reduce default risk in banks, but its impact on risk reduction depends on various factors. The combination and type of GUARANTEES are among these factors, which have received less attention in the literature.The current state of overdue bank claims in Iran is unfavorable, and if conditions persist, it will lead to significant monetary and financial crises with negative effects on various sectors of the economy. In recent years, the ratio of non-performing loans to total disbursed facilities in Iran has been consistently higher, averaging around 5% to 10% higher than the global average. Reduction of the default risk in loans can decrease the ratio of non-performing loans to total disbursed facilities.The present study first intended to create various combinations of GUARANTEES for each loan, followed by predicting the probability of default for each combination. In line with their priorities, borrowers can then select their desired guarantee composition from a list of acceptable combinations.MethodologyTo address the research problem, the study identified common classification methods in data mining by relying on published articles in the field of credit risk. Then, a sample dataset of loans from a financial institution was examined, and the data mining process based on classification methods was applied to the dataset. The random forest method, with a prediction accuracy of 0.986, was ultimately chosen as the approach for constructing the guarantee composition model. Using the previous guarantee compositions, the study developed two models by relying on machine learning techniques. These compositions take into account the perspectives of both the financial institution and the borrower.Final ResultThe two models generate guarantee compositions with a maximum acceptable default rate of 10%. Considering their own priorities circumstances, borrowers can select their desired guarantee composition from the available combinations, which contributes to a reduction in the default rate in the financial institution.

It is recognized that, as a general rule, the beneficiary can assign his rights pursuant to the guarantee to a third party, with or without a specific stipulation to this effect. This rule is also endorsed in article 4 of URDG and article 10 of UNCITRAL Convention. It is expressly noted that assignment of the rights of the guarantee means assignment of the proceeds only, and that the assignee cannot call the guarantee without the cooperation of the beneficiary. This is only different if the guarantee contains explicit provisions to the control. Such a stipulation would be extremely dangerous for the account party, since it virtually turns the guarantee into a negotiable instrument and the risk of a call, including a fraudulent call, will increase significantly.Unless otherwise stated in the guarantee, the beneficiary is not entitled to transfer the guarantee in the sense that the transferee is able to call the guarantee independent from and without the cooperation of the beneficiary/transferor or in the sense that the transferee is entitled to request the issue of a second guarantee in his favor. The beneficiary s right to the proceeds of the guarantee upon a valid call is ordinarily also capable of being pledged, but this depends on the law that governs the guarantee. The approach of Iranian law to this matter is discussed in this article.

To insure the implementation of contractual obligations, GUARANTEES is obtained from promisor in contracts. With reference to the general conditions of GUARANTEES, nature and recording of these GUARANTEES have not been stipulated in civil law and FIDIC contracts. In civil law and on the analysis of the substantive GUARANTEES, predominant views presented are: contract guarantee, umbrella clause, article 10 of civil code and collateral guarantee. The most appropriate view is collateral guarantee that offers a comprehensive analysis of all GUARANTEES. This guarantee is real and personal. Most common among GUARANTEES in FIDIC contracts is type of personal security, too, that is almost similar with personal collateral guarantee in civil law. Recording of guarantee is the most important problem but because of ambiguity in the nature of guarantee, the frequency difference is made between contractor and employer. A conditional guarantee create obligations of an accessory nature, where the liability of the guarantor arises upon an established default by the contractor and under on-demand guarantee do not stipulate any condition for payment and when contractor after the on-demand guarantee unfairly has been called, the only remedy available to him would be to pursue the matter in litigation.

Bank guarantee is one of the important international trade means which is issued to attract trust of purchaser (beneficiary), and to guarantee seller’ s obligations. If the seller violates its obligations, purchaser will demand the amount of guarantee. Bank GUARANTEES, basically, are issued in such a way that are payable with beneficiary’ s first demand. In some cases, however, because of multilateral or unilateral sanctions, beneficiary could not be paid; this is frequently experienced by Iranian banks and traders. These sanctions based on their source that it would be an international organization or a state, would have different effects on GUARANTEES. Sometimes sanctions have direct effect on GUARANTEES and sometimes it would related to basic contract, and this raises this question that, does the law which put sanction on basic contract extent to GUARANTEES? This paper shows that multilateral and unilateral sanctions have different scope to enforce, and base on this condition they would prevent the payment of GUARANTEES. Base on sanctions regulations and their nature, they also would limit extension of GUARANTEES even if they are only related to basic contract.

Pre-trial investigation is the most important phase in the criminal process. Because this is the first confrontation of accused with criminal justice system and facts of criminal cases are gathered in this phase. Hence, fair trial principles are very important in this process, since there is innocence presumption in this phase and the criminality has not been proven yet.In Iranian Criminal Justice System, there are some of fair trial standards and GUARANTEES, such as innocence presumption. But there is less attention to other fair trial standards such as the right to be silent, the right to council and that arrest must be finished in reasonable time. This article discusses fair trial principles and GUARANTEES in pre-trial investigation stage with regard to the international documents and requirements. Then it describes the Iranian Criminal System and finally recommends some solutions.

Preliminary investigations, as the essential stage in preparing the criminal proceeding file are important to determine the judiciary fate of the accused and the adjudication of rights of injured and administrating the criminal justice. To cross-examine the accused is considered the vital part of the preliminary investigations, and with regard to the necessity of advocacy of the principle of innocence and maintaining human dignity during the periods of proceeding vindicating rights of these people prior to and during the interrogation compatible to regional and international documents of human rights at the stage of preliminary investigation are the basic considerations.Examples of vindicating rights in the mechanism of protocol of interrogations are numerous, which in the criminal proceeding systems of countries to be projected and arranged according to the principles of the fair proceeding and related documents. The right of understanding the charge with the mentioning of its reasons, the right of silence and announcing it, the right of having a lawyer and so forth, could be mentioned among these rights. In order to juxtapose with the principles of fair proceeding and GUARANTEES of human rights during the interrogation, present deficiencies must be obviated even though in the criminal proceeding of Iranian law-maker has stipulated some of these rights in the constitution and criminal proceeding law. Iran’s judiciary branch has provided comprehensive Bill of criminal proceeding measures and has submitted it to the government to the extent that some of the short comings have been obviated.

The extension of the Web and the new information and communication technologies in the third millennium in the world has marked the most astonishing age of human life in preserving the realm of governments in terms of formed and fundamental changes; because key components of government, including land, population, government, and governance derived from cyberspace, media, and ease use, the availability and extensiveness mobile messaging audiences have created new meanings in the nature of governance and politics. In this age, the border in the physical sense, although still common, but has lost its effectiveness and the preservation of territory in the first stage and its extension in the second stage is the governments competition subject. What can and should play a leading bridge role here in interacting with governments and new communication technologies is media literacy. Media literacy is the ability to understand, analyze and discover the meanings of cyber media messages. Literacy that ruler and people both are need to its; However, the governor's efforts, need to public media literacy education and development is more critical to gaining legitimacy and acceptance in preserving and extension cyber territory. The people also need media literacy in order to be able to distinguish themselves in the natural arena of territorial conflict in the midst of the heart of truth and reality. As such, media literacy GUARANTEES the preservation and extension of cyber territory according to the requirements without considering them which this friendship will not be effective which is the main concern of this article.