Document Type : Original Article

Authors

• Asghar Agha Mahdavy ¹
• Mohammad Reza Abbasi ²

¹ Associated Professor of the Department of Fiqh and Islamic Law Foundations at Imam Sadiq(a.s) University

² Degree of the Department of Fiqh and Islamic Law Foundations at Imam Sadiq(a.s) University

Abstract

The bank as a main aspect of Society’s Economic guarantee the Demands of customer by publishing the Bank guaranty. Bank guaranty is a unilateral obligation that cussed by request of the customers that every time that customer needs to money bank pay for that. Majority of the contemporary jurisprudents are agreeing whit this guaranty but it’s definition makes difference and problem. This article wants to study about jurisprudential subject of this bank guaranty in this methods: Deposit Guarantee, Bail, unilateral agreement, guaranty in favour of third parties, impawn in favour of third parties and Independent contracts. Finally, we accept the “Independent contracts” method as a good one and but we prefer the “guaranty in favour of third parties” as a better one for justifying that bank guarantees are recent demands and we will answer to Criticisms that are related to this method. Our method in this article is analytical-descriptive and as our source we use from books, articles, websites and some database.

Keywords

• guaranty
• guarantee
• Banking
• Pawn
• Bail