Validation of Oral Warranties in Commercial Documents: Theoretical Foundations and Judicial Criticism

Guarantee is one of the fundamental institutions in the field of civil law and, of course, commercial law and especially in subject to commercial documents. Meanwhile, due to the silence of the commercial law, a dispute has emerged in Iran's judicial system in association with the method of guaranteeing in commercial documents. Of course, it should be noted that there is no doubt about the validation of guarantee by means of a sponsor signature, that’s so lame. Therefore, in this research, we are trying to answer these questions: 1) How far and under what circumstances, oral warranties in commercial documents are acceptable? 2) If oral warranties are accepted by the judicial system, is this defendable in the field of commercial law or civil law? The hypothesis of this research is that, the guarantee in commercial documents can also be done by verbal speech, provided that it can be proved, and it is defendable in the field of commercial law. This research is based on the qualitative and quantitative methods and not only it studies legal provisions about guarantees in the field of civil and commercial law, but also it examines the existing conflicting procedures.This article will be presented in two main sections: The first part deals with the basic concepts and the other part examines the nature of the guarantee in the commercial documents.