عنوان مقاله [English]
Bailsman is commitment to summon party .This commitment on suspect of some, cause dominate on the third-party .For this reason, some have questioned the validity of contract, other groups have attempted to justify the validity of the contract with Using of joint and several liability and advocacy. In Sunni jurisprudence, the first tool used and in Shiie, the second tool. But the truth is that this contract is valid and does not conflict with the rights of third party. But conversely, retains his freedom.
In this paper, contract of bail was regarded as Contracts for the Benefit of Third Parties that creates an advantage for the party without the need for acceptance.