A comparative study of assignment of contract in Iranian legal system and common law with emphasis on lease contract

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

amir abbas  kavoosi ¹ (PhD Student in Private Law, Islamic Azad University, UAE Branch, Tehran, Iran.)
Hassan  Badini ² (, Associate Professor, Department of Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran(Supervisor))
Nejad ali  Almasi ³ (Professor, Department of Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran(Advisor))

Received: 2022-10-24 Accepted : 2022-11-22 Published : 2022-12-22

Keywords: England, Lease contract, Iranian Law, contract transfer, effects of transfer,

Abstract :

The assignment of the contract and the assignment of the position related to the contract by the assignor of the contract to the receiver causes the party to the original contract to withdraw from the primary legal relationship and another person or persons are placed in the contractual position of the assignor as a substitute. The most vital effect of the secondary transfer of the lease contract is the same as the voluntary transfer of the contract of the third party, for the method of subrogation of the buyer in the secondary transfer of the lease, it is clear that it is the buyer's representative in the same tenant in relation to the transfer of the right to receive rent and the right Termination and discharge to him is disputed and disputed in the courts. The findings of the research indicate that in the English legal system, with the secondary transfer of the lease contract to the buyer, he is obliged to conclude and accept the terms of the lease contract, and despite the contractual legal transfer to the buyer, the seller also becomes responsible. The research method is descriptive and analytical.