Jurisprudential analysis of the nature of the guarantor's or surety's obligation to pay the debt of the debtor or the defendant

The guarantor or guarantor is obligated to summon and deliver the defendant or the defendant. In the guaranty contract or bail contract, the guarantor or the guarantor undertakes to summon the defendant or the defendant, and in case of failure to fulfill this obligation, he undertakes to pay the bail or bail. The main question is, what is the basis and nature of the guarantor's or bailor's obligation to pay the deposit? Is this a result of the forced guarantee of the loss of property, or is it a result of contractual guarantee and responsibility, or is it due to the law, or does the nature or application of these contracts require such a requirement, considering that according to Article 746 of the Civil Code and Article 234 of the Criminal Procedure Law approved in 1392 with Subsequent amendments and additions, which exclude surety and bond in the event of the death of the guarantor or the guarantor, the guarantor's or the guarantor's obligation to summon the surety or the defendant against a non-financial obligation and standing to a person, and only the authority of Cairo, including death or insanity, can void his obligation. he does. He undertakes to pay the debt of the debtor or the convicted person to the defendant or the convicted person if he is unable to fulfill his original obligation. This obligation is a new obligation that arises as a result of the guarantor's or bailor's breach of contract.