عقد ضمان و نقش آن در حقوق مدني

Caution Contract and Its Role in Civil Rights.

Caution contract is one of the Islamic contracts which is discussed in this article in four chapters. Discussing the literal meaning of the word caution, the author divides it into three kinds, that is, exchange-based, automatic or natural, and contractual and discusses the contractual caution from the viewpoints of various jurisprudents. In the second chapter, he discusses the viwpoints of the Imamiyeh jurisprudents about the nature of caution, that is, its contractual or obligatory framework. He concludes that most Imamiyeh jurisprudents do not deem it necessary to follow ceremonial rules and regulations of contract with regard to the caution contract. In the third chapter, while stating the three theories of covenant of protection, standing surety for each other, and bail, the author discusses the impacts of caution and reviews the viewpoints of the religious scholars in this regard. In the last chapter, the caution and its conditions with regard to various issues are discussed. The author also discusses all the relevant sub-branches.