عنوان مجله
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Journal of human sciences
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چکیده
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According to legal regulations, endorsers of a commercial document hold severally liable against its
holder; and in this regard the holder too has some duties to perform. Among these duties, after the
demand and protest for non-payment in legal time is litigation within a certain legal time. There are
different opinions regarding inclusion of the guarantors in article 286 of Iran’s trade law and
judicial procedures are also divided and vary, and according to some rulings of some branches of
Iran’s Supreme Court, the guarantor is included in the subject of article 286 while some of the
branches consider it outside of the article 286 subject. This difference resulted in the issuance of
judicial precedent no. 597 on 1995 May 2nd which rules on the exclusion of the guarantor in the
subject of article 286 inclusion. In this paper, along with reviewing the ruling, the guarantor
inclusion-exclusion cases in the subject and ruling of article 286 of the Iran’s trade law is
determined.
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