List of Articles guarantee

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  1 - Feasibility Study Of Resale In Iranian Law In Comparison With The Convention On The International Sale Of Goods
  Seyedeh Maryam Asadi nejad
  After the contract of sale, if the seller remains with the seller not only should the seller protect the seller, but he is also responsible for the exchange guarantee, while the seller and its benefits and representations belong to the customer. In addition, the costs o More

  After the contract of sale, if the seller remains with the seller not only should the seller protect the seller, but he is also responsible for the exchange guarantee, while the seller and its benefits and representations belong to the customer. In addition, the costs of maintaining the seller from the time of concluding the contract until the time of delivery or loss will be borne by the seller and this will cause an imbalance in the contractual relationship between the seller and the customer.In response to this question, what is the solution to prevent damages in the Convention on the International Sale of Goods and in Iranian law?It should be said that one of the non-judicial and conventional solutions to create this economic security and to prevent any possible damage to the resale system is mentioned in some international regulations, including the Convention on the International Sale of Goods.According to the provisions of the convention, it is possible to resell without dissolution, and in our regulations, such a thing is not clearly stated, but on the contrary, for resale, the contract must be dissolved first, then resale or it will be possible to transfer it. Manuscript profile
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  2 - A Jurisprudential Study of Guaranteeing Principal Capital in Commissioned Manufacture Bonds
  Masoumeh  Mazaheri Hamideh  Goushi Dehaqi
  Abstract:In Islamic Sharia law, with respect to the rule of the association of profit and loss, basically the principal capital return is not guaranteed. Therefore, gaining real profit is always associated with the possibility of loss and damage. Whereas in Islamic fina More

  Abstract:In Islamic Sharia law, with respect to the rule of the association of profit and loss, basically the principal capital return is not guaranteed. Therefore, gaining real profit is always associated with the possibility of loss and damage. Whereas in Islamic financial mechanisms such as commissioned manufacture bonds, the payment of the nominal value included in the bonds is guaranteed by the publisher in due date. Therefore, the owners of the bonds who are the investors of transactions will not sustain a loss or receive a reward for the reduction or increase in the value of the project upon receiving the nominal value of the bonds (principal capital). However, an analysis of the procedure for publication of the bonds, makes it clear that in commissioned manufacture bonds based on interest, the receipt of nominal value of the bonds will be realized according to the entitlement of the owners in due date proportionate to the total value of the amount due. Also guaranteeing the principal capital by the publisher of the commissioned manufacture bonds is according to the liability of the seller to pay for the object of sale. Moreover, the owners of the bonds as the buyers only own the amount due in duty of the debtor and they shall have no right in project thus commissioned. In this sense, any increase or reduction in the value of the project will have no effect in the amount of their claim. Whereas the owners of commissioned manufacture bonds along with rent with an ownership option are the joint owners of the project, thus in case of increase in project value in connection with the nominal value of the bonds, they are entitled to claim the value added. This is because according to the rule of logics the owner of actual property deserves to take a share of the increase in value of actual property value as he is to sustain the damages incurred on the actual property. Similarly, the reduction in project value in proportion to the nominal value of the commissioned manufacture bonds along with the rent with an ownership option, must be attributable to the joint owners, i.e. investors. Manuscript profile
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  3 - Delivery of Goods for Future Transaction and Its Guarantee Based on Imamiyah Jurisprudence and Positive Laws (ius positum)
  Seyed Mohammad Sadeq  Mousavi Maryam  Pourtoluei
  When a commodity is submitted by the owner to the other party for future transaction, the mutual relations can be in the form of contract, unilateral obligation or mere authorization. Therefore, the nature of this relationship depends on the intention of the parties and More

  When a commodity is submitted by the owner to the other party for future transaction, the mutual relations can be in the form of contract, unilateral obligation or mere authorization. Therefore, the nature of this relationship depends on the intention of the parties and there is no obstacle according to Sharia law to it. The practice has some effects and it is necessary to identify these effects in order to determine the type of relationship of the transactors and arbitration between them. Guarantee on damage or loss of the commodity is one of the guarantees that in view of some jurists is the owner’s obligation, while some consider it that of the receiver. However, since the owner delivers the commodity to the other party upon his will, it is unlikely to consider the receiver responsible unless in wasting commodity or in encroachment. Therefore, guaranteeing the commodity in case of damage or loss is on the owner. Upon evaluation of various views on the nature and impact of the said institution, in this paper all aforesaid views can be taken as one. In this case, the probable problems for the traders in this area will be removed and the ground will be prepared for a fair arbitration between them. Manuscript profile
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  4 - A Study Of Pass Of Risk And Its Review In Case Of Customer-Specific Options
  ziba mirzaaqazadeh Reza  Maghsoody
  In case of contract of sale until the receipt is made, the guarantee will be the responsibility of the seller and in case of loss, the seller guarantee will be an example of the rule of loss of the seller before the receipt, but the rule of loss in the optional land wil More

  In case of contract of sale until the receipt is made, the guarantee will be the responsibility of the seller and in case of loss, the seller guarantee will be an example of the rule of loss of the seller before the receipt, but the rule of loss in the optional land will not be optional. This is a challenge because according to this rule, despite the possibility of a bill, but under certain conditions, in case of customer-specific options, the loss will still be the responsibility of the seller, ie the party that does not have the option and the right to cancel will be responsible for the loss. The rule is contrary to the requirements of ownership. It should be sufficient with certainty and it should be considered as only three animal options, a condition and a parliament. Manuscript profile
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  5 - The impact of conflicting transactions on bank mortgages
  Alireza   Anabi Faezeh   Jahanimoghadam
  The continuous expansion of real estate buying and selling has led to some profit-seeking individuals abusing this field, resulting in the increase of crimes such as fraud, illegal transfer of property, and conflicting transactions. Criminal penalties such as fraud and More

  The continuous expansion of real estate buying and selling has led to some profit-seeking individuals abusing this field, resulting in the increase of crimes such as fraud, illegal transfer of property, and conflicting transactions. Criminal penalties such as fraud and illegal transfer of property are explicitly stated in the law and a specific legal process has been considered for these types of crimes. However, conflicting transactions are somewhat complicated due to ambiguities in the text, and there is no clear legal process for dealing with such crimes. In the banking system, conflicting transactions have also caused problems in the system, particularly due to the absence of a unified legal process for dealing with conflicts between official mortgage documents and ordinary sales documents. This lack of legal clarity has made official documents unreliable, leading to harm to the banking system and providing a platform for abuse by facilitators. On the other hand, the priority of official mortgage documents over ordinary sales documents has increased the credibility of official documents, but it has also caused harm to the buyer. This article attempts to examine the impact of conflicting transactions on bank mortgages and the enforcement of these types of transactions in Iran's legal system. Manuscript profile
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  6 - Identifying and prioritizing the challenges of export insurance and guarantee system
  Bagher Adabi Firouzjaee
  The risks of exporters in international markets are covered by insurance and guarantee products. Therefore, the main purpose of this study is to identify and prioritize the challenges of export insurance and guarantee of the Iran's exporters. This research is applied in More

  The risks of exporters in international markets are covered by insurance and guarantee products. Therefore, the main purpose of this study is to identify and prioritize the challenges of export insurance and guarantee of the Iran's exporters. This research is applied in terms of purpose and descriptive-survey in terms of methodology. The statistical population includes two groups of exporters (current and former customers of the Export Guarantee Fund of Iran) and from each group 90 exporters are selected based on Cochran sampling Technique. Then, the challenges of customers in using export insurance and guarantee are extracted through theoretical and empirical studies as well as credit insurance experts. Furthermore, a questionnaire (consists of 34 components) is prepared and its validity and reliability is confirmed by experts and Cronbach's alpha respectively. After that a questionnaire is distributed among selected exporters and analyzed by SPSS software. The most important challenges are related to the lack of exchange rate coverage program, low capital adequacy of Iran Export Guarantee Fund, non-acceptance of documents such as project progress and product purchase contract, instability of macroeconomic variables (such as exchange rate and inflation fluctuations), policy inconsistencies between public export credit institutions (such as export Guarantee Fund Iran and the Export Development Bank of Iran), restrictions on the issuance of foreign exchange guarantees for getting loans from foreign institutions, and weak financial relations between the export Guarantee Fund Iran and export credit agencies or other international institution. Finally, some policy implication are presented in three approaches of content (such as Establishing of foreign exchange hedge system and country risk reduction via an executive plan codification), behavioral (including facilitating the issuance process of insurance and guarantee services and setting the preferential insurance premium for SMEs) and structural (such as creating a special export insurance and guarantee program for SMEs and coordinating the activities of the Export Guarantee Fund and the Export Development Bank). Manuscript profile
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  7 - Capability of issuing conditional cheques; A criticism to article 3 of Cheque Issuing Act modified at 1382/06/02
  فرشاد فرازمند
  The autonomy principle in payment and guarantee instruments such as Letters of Credits, Demand Guarantees (Bank Guarantees), Bills, Promissory Notes and Cheques have become one of the inseparable characteristics, to the point that it constitutes the nature of these in More

  The autonomy principle in payment and guarantee instruments such as Letters of Credits, Demand Guarantees (Bank Guarantees), Bills, Promissory Notes and Cheques have become one of the inseparable characteristics, to the point that it constitutes the nature of these instruments. Most countries laws and international conventions have identified the principle in their rules. Autonomy principle increases payment certainty remarkably so that any excuse, exterior from payment relationship cannot block payment procedure. On the other side the execution of the principle in absolute and inflexible manner can cause issuer (The person who is responsible for payment) to be harmed where the beneficiary is not entitled to pay rightfully and fairly. One of the ways which could reduce the absoluteness of autonomy principle and make it flexible is possibility of predicting conditions which acts as a complementary for autonomy principle in different rules and reduces harmful and unfair consequences of absolute application of autonomy principle. By comparatively study the provisions of various payment and guarantee instruments, In this research, we are trying to consider that are cheques, as a common payment and guarantee instrument among people, possible to be issued with conditions or not. Manuscript profile
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  8 - Identifying and prioritizing the challenges of export insurance and guarantee system
  باقر  ادبی فیروزجائی
  Bagher Adabi Firouzjaee Abstract One of the governments' policy for export development is to cover political and commercial risks through the issuance of export insurance and guarantees products by export credit Agencies (ECA). In Iran, this plan is done by The More

  Bagher Adabi Firouzjaee Abstract One of the governments' policy for export development is to cover political and commercial risks through the issuance of export insurance and guarantees products by export credit Agencies (ECA). In Iran, this plan is done by The Export Guarantee Fund of Iran (EGFI). The evidence indicates that the value of export insurance and guarantees product and also the number of exporters benefiting from them are low. Therefore, the main purpose of this study is to identify and prioritize the challenges of export insurance and guarantee products in the country based on the SBC approach. In addition, this study has been carried out by analytical-descriptive-survey method. In this approach after surveying of theoretical and experimental studies and obtaining the opinions of experts, the main challenges of exporters in using of export insurance and guarantee services are collected in the form of a questionnaire (including 34 component). After confirming its validity and reliability, the questionnaire was distributed among the selected exporters (current and former customers of the EGFI) and analyzed by SPSS software. The results of the questionnaire analysis indicate that, the exporters are faced with three types of challenges including content factors (such as the lack of exchange rate coverage, high risk of export destination countries, Obligatory credits of government and low capital adequacy of the fund), behavioral factors (restriction in foreign guarantees issuance, weak financial brokerage relations of the fund with foreign financial institution, lack of preferential insurance premiums, shortage of diversity of insurance instruments and weakness of electronic infrastructure) and structural factors (collateral problems, lack of policy coordination between the guarantee fund and Export Development Bank, lack of a comprehensive online risk map and Absence of export insurance and guarantee program for SME industries). Finally, some policy implication are presented in based on the three categories of factors mentioned. Manuscript profile