Jurisprudential rules regarding forced guarantee and civil liability

One of the important jurisprudential issues is the guarantee, which has been considered in the jurisprudential schools and each of them has stated several reasons for it. On the other hand, the discussion of "civil liability" in subject law overlaps with compulsory guarantee in jurisprudence, in terms of content and examples, and it seems that compulsory guarantee is the same as civil liability. The question that arises is whether the principles of compulsory guarantee are the same as the principles of civil liability? Regarding the basis of civil responsibility, views and theories such as the theory of fault, the theory of guaranteeing the right and the theory of risk have been proposed, each of which is more convincing, will be established as the basis of civil responsibility; However, we are faced with several bases regarding compulsory guarantee, almost all of which are expressed in the form of well-known jurisprudential rules. Although some have tried to search for a single basis for guarantees and especially forced guarantees in jurisprudence, and "customary reference" has been proposed as the legal basis for guarantees; But due to the problems of customary citation and its lack of comprehensiveness, it is not possible to introduce a single rule as the basis of guarantee. In this article, using the library method in collecting information and following the descriptive analytical method in the analysis of information, the jurisprudence rules governing the coercive guarantee have been discussed.