- All Journals
- Al-Qadisiyah University
- Basrah University
- Kirkuk University
- Mosul University
- The Iraqi Borad for Medical Specialization
- University of Anbar
- University of Technology
- Al Mustafa University
- Al-Zahraa University for Women
- Alnoor University
- Kunooz University
- Misan University
- Ninevah University
- Tikrit University
- University of Al-Hamdaniya
- University of Kerbala
Effects of a joint guarantee contract between the guarantor and other guarantors (a comparative study( | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 10, Volume 15, Issue: 2 part 2, December 2025, Pages 226-239 PDF (743.88 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2025.167060.1689 | ||
| Authors | ||
| ahmed mohammed siddiq* 1; Iyad Hashim Taha2 | ||
| 1Iraq / Kirkuk / University of Kirkuk / College of Law and Political Science | ||
| 2College of Law and Political Science/ University of Kirkuk | ||
| Abstract | ||
| The contract of surety ship (guarantee) is considered one of the important contracts in practical life due to its role in enhancing the creditor's confidence, securing their rights, and providing security and reassurance to the debtor. Surety ship falls under personal guarantees, which involve the addition of another financial liability alongside the debtor's to ensure fulfillment of the obligation, as opposed to real guarantees that give the creditor priority in recovering the debt. The importance of surety ship has increased with the expansion of credit, due to its ease of establishment and low cost. To protect the weaker party in this contract—the guarantor—legislators, including the Iraqi and Egyptian lawmakers, have granted several legal defenses, such as the right to demand the prior exhaustion of the debtor’s assets, division of the debt among co-guarantors, or release from the guarantee in certain cases0 In principle, surety ship is not joint unless otherwise agreed. In joint surety ship, the guarantor is treated as the principal debtor and becomes immediately liable for the debt without recourse to the debtor, placing them in a more burdensome legal position than an ordinary guarantor. Because of the prevalence of joint guarantees in daily transactions, this research will explain the effects of the relationship between the guarantor and other guarantors regarding the joint guarantee contract. | ||
| Keywords | ||
| Joint guarantee contract; guarantor; right of revocation | ||
|
Statistics Article View: 281 PDF Download: 85 |
||