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

نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 488

ORDERS REGARDING PERSONAL SURETY OR TRUSTEESHIP (KAFALAT)
2331. Personal surety or trusteeship means that a person may take responsibility to produce a debtor as and when the creditor asks for him. A person who acceptssuch responsibility is called kafil (guarantor).
2332. A personal surety is in order only when the guarantor makes the creditor understand by his words (in any language), or deed, that he undertakes to produce thedebtor in person, as and when demanded by the creditor, and the creditor also accepts the arrangement.
2333. It is necessary for a guarantor (Kafil) that he should be adult and sane and should not be a prodigal and bankrupt and should not have been coerced to becomeguarantor and should be able to produce the person whose guarantor he becomes.
2334. Anyone of the following five things terminates the personal surety (or trusteeship):
(i) The guarantor hands over the debtor to the creditor.
(ii) The debt of the creditor has been paid off.
(iii) The creditor himself abandons the debt.
(iv) The debtor dies.
(v) The creditor releases the guarantor from his personal surety.
2335. If a person gets a debtor released from the hands of his creditor by force and if he (the creditor) cannot approach the debtor the person who has got thedebtor released should hand him over to the creditor.

ORDERS REGARDING DEPOSIT OR CUSTODY OR TRUST (AMANAT)
2336. In case a person gives his property to another person and tells him that it is in his custody and the latter also accepts it or, if the owner of the propertymakes the other person understand,

نام کتاب : مسائل المنتخبه (Articles Of Islamic Acts) نویسنده : الخوئي، السيد أبوالقاسم جلد : 1 صفحه : 488

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