Author(s): Ali Ali Jaber and Wael Hassan Al-Dubaisi

Abstract: The provisions of civil law were established to regulate transactions among individuals and protect their rights. These provisions cover all types of contracts, both named and unnamed, including the surety contract, which is one of the named civil contracts whose provisions have been regulated by various civil laws in several countries, such as the Egyptian Civil Code, the Iraqi Civil Code, the Lebanese Code of Obligations and Contracts, and the Civil Transactions Law. The provisions of surety ship have also been regulated under Islamic Sharia. Suretyship is a legal-economic tool whose primary purpose is to protect the creditor and ensure that they receive what is due from the debtor, typically agreed upon within the framework of a written contract. The surety contract is considered an important contract in Iraqi law, wherein the guarantor commits to fulfilling the debtor's obligations if the latter is unable to do so. This contract impacts not only its main parties—the guarantor, debtor, and creditor—but may also extend its effects to other parties involved in the transaction. The Iraqi law provides precise regulations regarding the effect of surety on third parties, ensuring the protection of their rights and the balance of obligations among the parties. Through this mechanism, Iraqi law addresses how third parties are impacted by obligations arising from suretyship and the associated legal guarantees.

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