Document Type : Original Article
Authors
1 Instructor of Private Law Department at Payame Noor University
2 Associate Professor of Private Law Department at Payame Noor University
Abstract
It is clear that due to the clarification of the first sentence of Article 709 of the Civil Code, the authorized guarantor, after paying the debt, will have the right to recourse to the debtor and file a lawsuit for obligation to repayment of the debt. However, there is no clarification in the law regarding the possibility of filing a lawsuit to force payment by the guarantor before the debt is paid and after the issuance of an executive order against him. The purpose of this article is to examine the possibility of filing a lawsuit by a guarantor to enforce payment against the debtor or the transferee of a loan who has faced certain damages due to the issuance of an executive order. According to the findings of the article, which is based on a descriptive-analytical method, such a claim is acceptable in joint and several guarantees. At the time of guarantee contract's conclusion, the debtor's obligation to the guarantor is exchanged for the guarantor's obligation to the creditor. As a result, if the creditor demands his claim from the guarantor, the guarantor will also have the right to refer to the debtor. Causation and unjust enrichment is the guarantor's cause of lawsuit.
Keywords
References
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