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Legal Guarantees for the Creditor’s Right Against Joint and Several Debtors
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Alireza Entezari1   , Fuzi Ovaid Jasim2 |
1- Supervisor, Faculty of Law, University of Qom, Qom, Iran.
2- PhD Student, Faculty of Law, University of Qom, Qom, Iran. |
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Abstract: (11 Views) |
Joint and several liability is a legal guarantee designed to ensure the creditor’s right to recover their claim from jointly and severally liable debtors, even though there is no legal relationship between them—such as a contract, statute, or common interest—and no agency relationship exists among them. The harm suffered by the creditor (the injured party) as a result of the debtors’ actions—even if they did not intend to cause it—is the reason for the consolidation of their financial liabilities, which serve as security for the creditor. and the creditor in this case has the option of either seeking recourse against the debtors, each according to their share of the damage, or seeking recourse against one of them for the entire damage, provided that the party bearing the damage shall stand in the creditor’s place in claiming from the debtors the amount paid in excess of their share.
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| Keywords: Right, Creditor, Solidarity, Legal. |
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Full-Text [PDF 586 kb]
(6 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2026/09/18 | Accepted: 2026/09/24 | Published: 2026/09/24
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