نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Assignment of claim is one of the matters that has long been considered in the law of developed countries and is used in financial relations between individuals. The possibility of Assignment of claim motivates flexibility in economic measures and increases competition between creditors to leave a legal relationship. In this article, assignment of claim in Iranian law has been analyzed and compared with a look at the law of England and France, and the similarities and imperfections of domestic law have been examined. In Iranian law, especially civil law, the legislature has not discussed about transferability of claims and this result can only be deduced from the generality of other contracts, however, some jurists have equated this with the issue of transformation of an obligation in Article 292 of the Iranian Civil Code.
it is independent in nature and requires specific provisions; in order to benefit from the experiences of other countries, this issue has been adapted to English and French law. Initially, English law was opposed for religious reasons, but it was finally accepted and considered in international trade documents. In French law, transferability of claim is accepted, and the new amended civil law deals in detail with this issue and has allocated several articles to it.In French law, transfer of claim is accepted, and the new amended Civil Code has dedicated articles to this issue in detail.
کلیدواژهها English