The Time of Recourse of Guarantor against Debtor in Iranian and French Civil Law

In Iranian civil law, as a rule, guarantor has a right of recourse againstdebtor after satisfying the guaranteed debt. However, according tosection 709 of civil code, the guarantor also has, under specialconditions, the same right. In French civil law, under guaranty contract,the creditor has a right of recourse against each or both of guarantor andprincipal debtor. Of course, the guarantor may, by applying a specialright, compel the creditor to recourse against the principal debtor;otherwise, the guarantor himself must satisfy the debt although he willsubsequently have recourse against the debtor. Under sections 2032 and2039 of French civil code ,the guarantor, has, in several cases, a right ofrecourse against the debtor even before satisfying the debt .It appearsthat the second portion of section 709 of Iranian civil code, has inspiredfrom section 2039 (subsection 3) of French civil code and hence can besubject to criticism.