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Any transaction obliges the parties to remedy in the case of breach, and any obligee expects a third party to guarantee his obligor's breach so that his damages will certainly be redressed.
On the other hand, the lranaian civil code, in accordance to the
pre availing theory of Emamieh jurists, considers the contract of guarantee as a means of debt transfer (Art. 698), and requires the existence of the guaranteed debt basis, in the time of guarantee conclusion (Art. 691).
But it may seem that at the conclusion of a transaction the obligation to remedy, in the case of breach, has no basis. Notwhit standing, the guarantee of this kind of "hesitated basis ¬obligation" is very customary by the name of "Good performance guarantee", and the aim of this essay is to compare this guarantee with the traditional "Contract of Guarantee" in the Civil Code.