نوع مقاله : پژوهشی
گروه آموزشی حقوق, واحد اردبیل، دانشگاه آزاد اسلامی , اردبیل, ایران
عنوان مقاله [English]
In economic and commercial interactions, commercial instruments play a strategic and facilitating role between the parties to the transaction.The purpose of this article is to review, explain and analyze the legal nature of guaranty in terms of "transfer of obligation to obligation" and "add obligation to obligation" in jurisprudence, Geneva Convention and the Law of Other Countries, Civil Law and Commercial Law of Iran. The terms of the guarantee and the manner of intervention of the guarantor and the effects of the guarantee should known according to its status in the commercial documents. However, the interference and guarantee of the guarantor in commercial documents is not limited to the guarantee in the subject of Articles 237 and 238 of the Iranian Commercial Code. The research is of a qualitative type of content analysis, interpretiveness and hermeneutics, which guided by two research questions. The statistical population of the research formed by first-hand library resources.According to the findings of the survey, the legal intervention of the guarantor in you, which provided only in the mentioned articles in the promissory note and check according to Articles 309 and 314 of the Commercial Code, which refer to the rules governing you.They are not applicable by legal interference and guarantee of the guarantor, as a result of Articles 237 and 238 of the Commercial Code can not be enforced in promissory notes and cheques, and in this regard intervention and guarantee with origin. The law is different from the guarantor contract guarantee in commercial documents.
Zimermann, R. (1996). Law of obligation, London, Oxford University Press