Document Type : Original Article

Authors

• mohammadjaber ghanbari ¹
• Jalal soltanahmadi ²

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 Law, the authorized

guarantor, after paying the debt, will have the right to recourse to the original 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 writing this article is to examine the possibility of filing a

lawsuit by a guarantor to enforce payment against the principal debtor or the transferee of a facility who

has faced certain damage with 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 the guarantee of

joining debt to debt. At the same time as the contract is created, the principal 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 original debtor. The cause

of the guarantor's lawsuit is first the causation and then the unjust enrichment.

Keywords

• Obligation to payment of the debt
• recourse of the guarantor to the principal
• Issuance of an executive order against the guarantor
• causation
• unjust enrichment