The effect of the death of the bank guarantee beneficiary on the demand for the guarantee amount (A review of the verdict number 98099702701252 issued by Branch 2 of Shiraz General Court of Law)

Sadeghi, Mohsen; Hadi, Mehdi; Javidian, Zahra

doi:10.48300/jlr.2024.489921.2803

The effect of the death of the bank guarantee beneficiary on the demand for the guarantee amount (A review of the verdict number 98099702701252 issued by Branch 2 of Shiraz General Court of Law)

Articles in Press

Document Type : Original Article

Authors

mohsen sadeghi ¹

mehdi hadi ²

zahra javidian ³

¹ Associate Professor, Department of Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

² PhD student in Private Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

³ M.A. in student in Real Estate and Document Registration Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

10.48300/jlr.2024.489921.2803

Abstract

There is still no consensus among experts about the nature of bank guarantee. Also, experts have not paid much attention to the effect of the beneficiary's death on the survival of the bank guarantee. Maybe they have considered this matter so obvious that they did not see the need to explain it But in some courts, there are still doubts about the impact of this death. It is certain Because of the colorful role of this legal entity in economic activities, that taking a decision at this time can be effective in the economic stability of the society and the amount of use of this legal institution. The present research, using the analytical descriptive method, aims to analyze the verdict issued by the 2nd branch of the Shiraz Law Court. In this document, the death of the beneficiary is an obstacle to the possibility of claiming the guarantee amount by his heirs , Even after the fulfillment of the demand conditions, it is considered But it seems that this view It was the result of not paying attention to the fundamentals of bank guarantees and the Sepam system and is not correct . Also, the court should pay attention to the scope of the directives issued by the Money and Credit Council. Therefore, it should be believed that despite the claim conditions, the heirs can claim the guarantee amount from the bank.

Keywords

Bank guarantee

Death of the beneficiary of the guarantee

Transfer of bank guarantee

Implicit enforcement

Sepam system