Transfer of the International Subject of the Contract in Iranian and British Law

Subject Areas : Political and International Researches Quarterly

Mohamad Mahdi Kazemi Moghdam ¹ , Tayeb Afsharnia ² , Mohamad Taghi Rezaei ³

1 - PhD Student in Law, UAE Branch, Islamic Azad University, Dubai, UAE
2 - Assistant Professor of Law, West Tehran Branch, Islamic Azad University, Tehran, Iran,Co‌rres‌p‌onding Author
3 - Assistant Professor of International Law, Payame Noor University, Sepidan Branch, Fars, Iran

Received: 2021-09-23 Accepted : 2021-09-23 Published : 2021-11-22

Keywords: Iranian Law, British Law, Subject of Contract Transfer,

Abstract :

This study examines the transfer of the international subject matter of the contract in Iranian and British law. The method used in this research is descriptive and comparative and a documentary approach has been used to collect information. One of the most important issues in private law that is considered is the transfer of the subject of the contract. The transfer of the subject of the contract causes the contracting party to leave the legal relationship and another person, called the deputy, to take his place. In such a situation, the contract remains, and the only change that occurs is a foreign replacement in the position of the contracting party. The results indicate that Iranian law, in addition to identifying the forced and consequential transfer of the contract, not only has the necessary capabilities and tools to confirm the voluntary transfer of the contract, but also has a comparative advantage over British law due to its acceptance of the institution of debt transfer.