مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم

نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 487

excuses him from paying a part of his debt the surety cannot demand that part from the debtor.
2325. If a person guarantees the payment of the debt of another person he cannot abandon his responsibility of the surety given by him.
2326. On the basis of precaution the surety and the creditor cannot stipulate that they may cancel the guarantee as and when they like.
2327. If a person is able to pay the debt of the creditor at the time of his standing surety for the debtor, the creditor cannot cancel his guarantee, and demandthe payment of debt from the first debtor although he (the surety) may become indigent afterwards. And the same order will apply if the surety at the time of guaranteeing isunable to pay the debt, and the creditor knowing it agrees to his becoming the surety.
2328. If at the time of standing surety a person is not able to pay the debt of the creditor and the creditor, not knowing the position, wishes to cancel hisguarantee it is difficult that such an action on his part may be in order, especially when the surety becomes able to pay the debt before the creditor takes notice of thematter.
2329. If a person guarantees the payment of the debt of a person without obtaining his permission he (the surety) cannot demand anything from the debtor.
2330. If a person stands surety for a debtor with his permission for the payment of his debt he can, after payment of the quantity for which he stood surety, demandthe same from him. However, if instead of the commodity for which he (the debtor) was indebted, the surety pays some other commodity to the creditor, for example, ii thedebtor owes 30 kilos of wheat and the surety pays SO kilos of rice, he cannot demand rice from the debtor. But if the debtor himself agrees to give rice, there is no harm init.

نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 487

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