Commitment to fulfill the contract (Guarantee) مقاله

خلاصه ماشینی:

Written by: Dr. Seyed Hossein Safaei Contract Performance Commitment (Guarantee) Interpretation of the Supreme Court General Assembly Ruling dated 221/12/41 “According to the documented claim upon which the registration execution order was issued, the appellant undertook the contractor's commitment to perform well and committed to bear any losses resulting from the contract in favor of the Grain and Bread Administration. In this regard, the appellant requested an investigation and reference to the records of the obligee, and the court was obliged to investigate the matter according to the documents and evidence presented by both parties and determine how many sacks were placed at the disposal of the contractor by the Grain and Bread Administration, how many of those sacks were returned, and how many remain, so that the validity of the issuance of the execution order or its invalidity, wholly or partially, can be determined, and then a proper decision can be made. The second branch of the Mazandaran Province Court, based on the fact that the guarantee is a ‘guarantee for something not yet due’ (ضمان ما لم یجب) and contrary to Articles 684 and 691 of the Civil Code, rules the execution order issued to the detriment of the appellant (the guarantor) null and void. B- Non-conformity of the Contract in Question with ‘Daman Ma Lam Yajib’ and the Basis of its Validity In the case of the claim of Haj Yousef Paymankar, the guarantor, against the Gorgān Grain Administration, Branch 2 of the Mazandaran Province Court, as we mentioned, considered the guarantee as ‘daman ma lam yajib’ and declared it void based on Article 691 of the Civil Code.