Özet:

Exchange guarantee is among the topics addressed in the discussion of obligations and it has had different orders and effects in various legal systems of the world. In the Iranian statutory law, sale contract is of possession nature and upon conclusion of which, buyer and seller become the owners of the object of sale and consideration, respectively without payment of consideration and receipt of goods being as the conditions for accuracy of a sale contract. For the end customer, however, the ultimate goal of concluding a sale contract is to receive the object of transaction and not merely the transfer of ownership. Therefore, by delivery of object of sale to buyer, exchange guarantee or the risk arising from destruction of or damage to the object of sale will transfer from seller to buyer. But before delivery in a given transaction in which object of sale is an original external object and it is wasted without any failure by seller, despite the transfer of ownership, this responsibility remains with the seller. Cancellation of contract as the most significant effect of exchange guarantee will absolve the parties from the obligations that had been assigned to them based on the contract. Therefore, there are different aspects concerning the fact whether cancellation is fulfilled upon destruction or conclusion of a sale contract and whether change of transaction value and increase/decrease of object of sale between conclusion and cancellation is the responsibility of seller or buyer. In this article first this issue as described above will be reviewed from different perspectives, and then we will challenge it from a new viewpoint. Key Words: Sale, Ownership, Guarantee, Responsibility, Submission.

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