Shahid Beheshti University Legal Research Quarterly 1024-0772 24 94 2021 06 22 Comparative Study of the Nature of Bank Guarantees in the Light of the Principle of Independence Comparative Study of the Nature of Bank Guarantees in the Light of the Principle of Independence 115 140 101383 10.29252/jlr.2021.221789.1906 FA Mohammad Mehdi Al-Sharif PhD in Private Law, Associate Professor, Department of Law, Faculty of Economics and Administrative Sciences, University of Isfahan. Author Mahmood Jalali PhD in International Law, Associate Professor, Department of Law, Faculty of Economics and Administrative Sciences, University of Isfahan Rasoul Mazaheri Kuhanestani PhD in Private Law, Assistant Professor, Department of Law, Faculty of Economics and Administrative Sciences, University of Isfahan. Alireza Rezaiyan PhD Student in Private Law, Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan. Journal Article 2021 05 05 .One of the important financial instruments in today's world of trade is bank guarantees. In the guarantee, the Bank, by virtue of an irrevocable commitment, undertakes to pay any amount up to the maximum amount stated in the guarantee against the "Grant in accordance with the terms" of the guarantee. Regarding the nature of bank guarantees, various views have been raised. It seems that the "pledging to pay" jurisprudential institution, also referred to in the Civil Code, can better justify the provisions of this institution than other views. "Pledging to pay" is not a guarantee in the civil law sense. In guarantee contract, the guarantor is committed to pay because the debt came to him But in "pledging to pay", obligor undertakes to pay the creditor without having to transfer debt to his own. It seems that what is happening in the warranties is the most consistent with this institution. Because in the bank guarantee, the guarantor bank will be paid for without the acceptance of debt on his own. The beneficiary, has the right to seek the guarantor, but not because the debt has been placed on him, but because the condition of his actual obligation has been fulfilled, but the debt still remains in place, in commitment of applicant. The research ahead is fundamental and the method of its analysis is inferential content analysis. .One of the important financial instruments in today's world of trade is bank guarantees. In the guarantee, the Bank, by virtue of an irrevocable commitment, undertakes to pay any amount up to the maximum amount stated in the guarantee against the "Grant in accordance with the terms" of the guarantee. Regarding the nature of bank guarantees, various views have been raised. It seems that the "pledging to pay" jurisprudential institution, also referred to in the Civil Code, can better justify the provisions of this institution than other views. "Pledging to pay" is not a guarantee in the civil law sense. In guarantee contract, the guarantor is committed to pay because the debt came to him But in "pledging to pay", obligor undertakes to pay the creditor without having to transfer debt to his own. It seems that what is happening in the warranties is the most consistent with this institution. Because in the bank guarantee, the guarantor bank will be paid for without the acceptance of debt on his own. The beneficiary, has the right to seek the guarantor, but not because the debt has been placed on him, but because the condition of his actual obligation has been fulfilled, but the debt still remains in place, in commitment of applicant. The research ahead is fundamental and the method of its analysis is inferential content analysis. https://lawresearchmagazine.sbu.ac.ir/article_101383_7e325ad7a3961ce134ab466a1666bc9d.pdf