The Examination of Formalization of Assignment with the Approach of Al-Orwato Al-Wousqa Point of View

Subject Areas : Private law

Seyyed Ali Jabar Golbaghi Masouleh ^{1 *} , Abbas Ali Soltani ² , Mohammad Taghi Fakhlaei ³

1 - Department of Jurisprudence & Principles of Islamic Law, Lahijan Branch, Islamic Azad University, Lahijan, Iran
2 - Department of Jurisprudence & Principles of Islamic Law, Ferdowsi University, Mashhad, Iran
3 - Department of Jurisprudence & Principles of Islamic Law, Ferdowsi University, Mashhad, Iran

Received: 2018-07-16 Accepted : 2018-07-16 Published : 2018-06-22

Keywords: Assignment, Contract, Transfer of debt, Formalization of assignment, Criticism of assignment,

Abstract :

The written literature of the Shiite jurisprudence shows that some jurisprudential conducts are disputable among scholars of jurisprudence with regard to formidable uses of assignment for various commercial and economical transactions in the contemporary world. The famous scholars of jurisprudence know that assignment is a contract including proposal and acceptance while others consider it as a unilateral right. This article deals with the criteria and criticism of these two points of view and clarifies that assignment meets the capacity of being contract based on transactors' will to be utilized as a proposal and acceptance or unilateral right.