nature of the construction guarantees and recording manner and conditions of call of guarantees in iran law and fidic contracts

in contracts to insure the implementation of contractual obligations, guarantees will obtain from promisor. with reference to the general conditions of guarantees, nature and custody of these guarantees does not have been stipulated in civil law and fidic contracts. in civil law about the analysis of the substantive guarantees, the views presented that among the most are: contract guarantee, umbrella clause, article 10 of civil code and collateral guarantee. the most appropriate of view is collateral guarantee that offers a comprehensive analysis of all guarantees. this guarantee is real and personal. most common of guarantees in fidic contracts is type of personal security, too, that contains most similar with personal collateral guarantee in civil law. custody of guarantee is most important problem that because of ambiguity in the nature of guarantee, the frequency difference is made between contractor and employer. a conditional guarantee create obligations of an accessory nature, where the liability of the guarantor arises upon an established default by the contractor and under on-demand guarantee do not stipulate any condition for payment and when contractor after the on-demand guarantee unfairly has been called, the only remedy available to him would be to pursue the matter in litigation.