خلاصة:
Nowadays guaranteeing the repayment of a debt by the debtor is of high significance for the promisee. One of the mechanisms towards such a suretyship is contract of guarantee. Guarantee is a contract between the guarantor and the creditor i. e. one to whom the guarantee is given. The guarantor promises the repayment of the debt and the one to whom the guarantee is given agrees with the extinction of his claim upon the debtor. As a result of this mutual consent، debt goes out of the obligation of the debtor and is transferred to the guarantor. Occasionally it is possible that a single debt is guaranteed by more than one towards further guarantee of the collection of the debt by the creditor. The plurality of suretyship is possible in different ways. The present article is an attempt towards studying the validity of various forms of plurality of suretyship for a single debt in the law of Iran and the Shiite jurisprudence.
ملخص الجهاز:
In a successive manner If multiple guarantors, at different times, proceed to offer (ijab) a guaranty contract to the creditor, such that there is precedence and subsequentness between the said offers, then according to the manner of acceptance by the creditor (madmun lahu) of the stated offers, two possible cases will exist, which will be addressed below: A: Succession of guarantees and the acceptance of one of them by the creditor Most legal scholars, in this case, are of the opinion that based on the transfer of debt, the first guarantor whose guarantee is accepted by the creditor assumes responsibility for the entire debt, and upon the occurrence of the first guarantee, the liability of the madmun anhu is discharged; therefore, no case for another guarantee will remain, and the acceptance of other guarantees by the creditor will be ineffective.
363) In the view of this group of legal scholars, proponents of the validity of this type of guarantee may present the following arguments: Firstly, it is true that the Civil Code considers the guarantee contract to be a transfer of liability from one liability to another, but by accepting this principle, it has not absolutely negated the possibility of imagining multiple debtors, or at least multiple obligors, in a sequential manner, such that their obligations are one after another and the madmun lahu can under no circumstances refer to more than one of the guarantors, for a single debt.
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