International Academic Journal of Politics and Law

  • ISSN 0000-0000

Guaranty of Third-Party Action in Iranian Law

Rahim Soor Kanishiteh

Abstract: Guaranty of third-party action is the basis for a large number of civil and commercial contracts such as guaranty in types of promise (civil and commercial). In is not a new legal basis and dates back to old times in the relations between merchants and their transactions. In fact, the nature of this legal-customary basis is a type of obligation de result at. If the action desired by the principal parties of a contract is not accomplished or is quit, guaranty of third-party action is carried out as a guaranty for the violated contract by making the third-party action guarantor (someone who guarantees the result of contract violation) responsible. Guaranty of third-party action can be divided between the parties in case of lack of third party’s endorsement and the relation between the parties and the third party in case of third part’ endorsement. Since this legal basis creates no obligations for the third party before endorsement, as opposed to its appearance, it does not lead to the violation of the principle of relativity of contracts

Keywords: Third-Party Action, Iranian Law, Guaranty, civil and commercial, commercial contracts

Page: 21-27

Volume 1, Issue 2, 2014