عقد ضمان

1 Law:: fidejussio, fide-jussio, fidejussion /faidi:(j(sh(n/ : In Persian, a contract of guaranty by which one person undertakes the debt or liability of another person and replaces the actual debtor relieving the latter from any obligation, hence, the contract being a ‘contract of substitution of debtor’. The French equivalent for Persian is ‘cautionnment’. English ‘contract of guaranty’ without qualifying words is not an exact equivalent for Persian, in this, that ‘contract of guaranty’ is a promise to pay or an assumption of performance of some duty upon the failure of another who is primarily obligated in the first instance whereas Persian is an unconditional substitution of ‘debtor by ‘surety’. Latin ‘fidejussion’ is a contract of guarantee or suretyship under Roman and civil law made by stipulation accessory to an existing contract which, in this respect, slightly differs from عقد ضمان in that Persian denotes a contract at which the original debtor is in every respect substituted by his or her surety whereas English ‘fidejussion’ is a contract by which anyone binds himself as an additional security for another. Unlike Persian, this giving security does not destroy the liability of the principal, but adds to the security of the surety, hence ‘fidejussion’ is not an exact equivalent for Persian. ● pledge contract of the type at which one person voluntarily assumes the debt or obligation of another thereby unconditionally relieving the liability of the principal

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