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Paper Information

Journal:   JOURNAL OF LAW AND POLITICS   spring 2018 , Volume 14 , Number 35 ; Page(s) 49 To 66.

Involuntary Transfer of Contract in Law of Iran and United Kingdom

Author(s):  JALALI HOSSEIN, Araghi Seyed Ezatollah*, Pirhadi Mohammadreza, Abbaslou Bakhtiar
* Private Law Dept, Faculty of Law and Politics, Science & Research Azad University, Tehran, Iran
Contract transfer, assignment of contractual position by transferor to the transferee causes the basic contract party to exit from preliminary legal relation and another person to be placed in the contractual position of transferor. In involuntary position transfer contrary to the voluntary transfer, all rights and obligations arising from main contract (excluding personal-related duties) are transferred without consent of one party to the other one so that upon exit of a person from basic contract, the transferee is placed to the main position and benefitting from all rights and advantages shall fulfill all duties and obligations arising from contract to the invariable party of the basic contract. In this from of transfer, the contract assignment is supposed when requirements are met so that in case of lack of each one of said requirements, involuntary transfer faces a serious obstacle and will not be possible.
Keyword(s): Contract Transfer,Transferor,Transferee
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